Brenda Mariela Otiniano Brena v. Samuel Olson, Markwayne Mullin, Todd Blanche, Todd Lyons, Richard Kelly, Natasha Douglas

Summary

The court grants Brenda Mariela Otiniano Brena's petition for a writ of habeas corpus in part, holding that her immigration detention is governed by 8 U.S.C. § 1226(a) rather than § 1225(b)(2)(A). The court orders the respondents to provide an individualized bond hearing before an immigration judge or release her under reasonable conditions of supervision. The court declines to reach her alternative claims concerning parole revocation and due process.

Holdings

1. Section 1226(a), rather than the mandatory-detention provision in § 1225(b)(2)(A), governed petitioner's detention because she was an undocumented noncitizen who had been present in the interior of the United States for years and was not seeking admission or lawful entry.
2. Petitioner was entitled to an individualized bond hearing before an immigration judge under § 1226(a) and its implementing regulations; her continued detention without that hearing was unlawful.
3. The appropriate relief was to require respondents either to provide an individualized bond hearing by 5:00 p.m. on May 26, 2026, or release petitioner under reasonable conditions of supervision; immediate unconditional release was not required.

Questions Presented

1. Whether petitioner's detention was governed by the mandatory-detention provisions of 8 U.S.C. § 1225(b)(2)(A) or by the discretionary detention and bond-hearing provisions of 8 U.S.C. § 1226(a).
2. Whether petitioner was entitled to habeas relief because she had been detained under § 1226(a) without an individualized bond hearing.
3. What remedy was appropriate for detention without the bond hearing required by § 1226(a).

Disposition

writ_granted