United States District Court, E.D. California
ORDER DENYING PETITION FOR WRIT OF HABEAS
is a federal immigration detainee proceeding pro se
with a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241. Petitioner challenges his continuing
detention pending the Ninth Circuit's disposition of his
petition for review. As Petitioner received all the process
he was due in his bond hearing, the Court finds that denial
of the petition for writ of habeas corpus is warranted.
is a citizen of Belize who was taken into the custody of U.S.
Immigration and Customs Enforcement (“ICE”) on
June 20, 2013, after being arrested by the San Diego Police
Department. (ECF No. 15 at 283-85). Petitioner subsequently
was placed in removal proceedings as an alien present in the
United States without being admitted or paroled, in violation
of section 212(a)(6)(A)(i) of the Immigration and Nationality
Act (“INA”), 8 U.S.C. § 1182(a)(6)(A)(i).
(ECF No. 15 at 373). An immigration judge issued an order of
removal, and the Board of Immigration Appeals
(“BIA”) dismissed Petitioner's appeal.
Petitioner has filed two petitions for review, which remain
pending before the United States Court of Appeals for the
Ninth Circuit. (ECF No. 1 at 6; ECF No. 17 at
On April 15, 2015, the Ninth Circuit granted Petitioner a
stay of removal. Order, Torres v. Sessions, No.
14-73356 (9th Cir. Apr. 15, 2015), ECF No. 9.
March 15, 2016, Petitioner appeared via video teleconference
for a bond hearing before an immigration judge. (ECF No. 15
at 397). Although Petitioner had been unaware that there was
a bond hearing scheduled, Petitioner elected to proceed with
the hearing that day. (ECF No. 15 at 398). The government
provided the immigration judge with Petitioner's Form
I-213, which set forth Petitioner's criminal and
immigration history, along with the BIA's October 20,
2014 and December 11, 2014 decisions. Petitioner did not
object to the immigration judge considering these documents
in the bond determination. (ECF No. 15 at 400).
conclusion of the hearing, the immigration judge found the
government proved by clear and convincing evidence that
Petitioner was a danger to the community and a flight risk.
(ECF No. 15 at 416). On April 11, 2016, the immigration judge
issued a written decision denying Petitioner bond. (ECF No.
15 at 393-94). Petitioner appealed to the BIA, which affirmed
the bond determination on June 21, 2016. (ECF No. 1 at 4; ECF
No. 17 at 4).
18, 2016, Petitioner filed the instant petition for writ of
habeas corpus, challenging his continued detention. (ECF No.
1). On August 29, 2016, Respondent filed a response,
requesting that the instant case be related to Torres v.
DHS/ICE, No. 1:15-cv-01841-SAB and the petition be
dismissed as moot. (ECF No. 8). On March 7, 2017, the Court
found that the petition was not moot. (ECF No. 14).
Respondent has filed an answer, and Petitioner has filed a
traverse. (ECF Nos. 17, 18). The parties have consented to
the jurisdiction of the United States Magistrate Judge. (ECF
Nos. 4, 5).
federal district court has habeas jurisdiction under 28
U.S.C. § 2241 to review Casas bond hearing
determinations for constitutional claims and legal
error.” Singh v. Holder, 638 F.3d 1196, 1200
(9th Cir. 2011) (citing Demore v. Kim, 528 U.S. 510,
516-17 (2003)). “Although [8 U.S.C.] § 1226(e)
restricts jurisdiction in the federal courts in some
respects, it does not limit habeas jurisdiction over
constitutional claims or questions of law.”
Singh, 638 F.3d at 1202.
has enacted a complex statutory scheme governing the
detention of noncitizens during removal proceedings and
following the issuance of a final order of removal.
“Where an alien falls within this statutory scheme can
affect whether his detention is mandatory or discretionary,
as well as the kind of review process available to him if he
wishes to contest the necessity of his detention.”
Prieto-Romero v. Clark, 534 F.3d 1053, 1057 (9th
Cir. 2008). The authority to detain a noncitizen whose
removal has been stayed by a court of appeals pending its
disposition of his petition for review is found in 8 U.S.C.
§ 1226(a). Prieto-Romero, 534 U.S. at 1059.
Section 1226(a) provides in pertinent part:
On a warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided
in subsection (c) and pending such decision, the Attorney
(1) may continue to detain the arrested ...