862 F. Supp. 2d 375
M.D. Penn.2012Background
- Bautista, a Dominican-born LPR since 1984, was detained by ICE after returning from a trip abroad.
- He has two prior criminal entries: 2003 attempted arson conviction in New York and a forgery-related conviction in New Jersey.
- Since March 2010, Bautista has been in mandatory detention at York County, following a deferred inspection at JFK and subsequent detention.
- He challenged his removal and sought a bond hearing while his removal proceedings and Board of Immigration Appeals appeal were ongoing.
- The court notes Bautista’s assertion that prolonged detention without an individualized bond hearing violates due process, and orders a bond hearing if not released.
- Detention status is tied to the §1225(b)(2)(A) framework for LPRs seeking readmission, rather than the §1231 removal-period framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1231 governs Bautista’s detention while appeal proceeds | Bautista argues §1231 does not apply during pre-final-order detention | Respondents contend §1231 removal period governs detention | §1231 inapplicable; pre-removal order applies; bond hearing required under due process. |
| Whether Bautista’s detention under §1225(b)(2)(A) is appropriate for an LPR seeking readmission | Detention under §1225(b)(2)(A) is too lengthy without review | Statute allows detention pending admissibility determinations | Detention can be reviewed; prolonged detention warrants bond hearing. |
| Whether the prolonged detention violates due process under Diop v. ICE/Homeland Security | Detention nearly 26 months is unconstitutional without bond hearing | Detention justified by safety/removal considerations | Petition granted for an individualized bond hearing; prolonged detention improper. |
| Whether Bautista is entitled to an individualized bond hearing and provisional release considerations | Due process requires individualized assessment of flight risk/danger | Bond hearing not mandated in the same way under current statute | A bond hearing shall be held within 21 days or Bautista released on supervised conditions. |
Key Cases Cited
- Diop v. ICE/Homeland Security, 656 F.3d 221 (3d Cir. 2011) (prolonged detention without bond hearing unconstitutional)
- Zadvydas v. Davis, 533 U.S. 678 (S. Ct. 2001) (six-month presumption for removal-related detention)
- Clark v. Suarez Martinez, 543 U.S. 371 (U.S. 2005) (six-month rule extends to inadmissible aliens)
- Leslie v. Attorney Gen. of U.S., 678 F.3d 265 (3d Cir. 2012) (removal period not triggered until final triggering event)
- Demore v. Hyung Joon Kim, 538 U.S. 510 (U.S. 2003) (context for removal/detention purposes)
- Patel v. Zemski, 275 F.3d 299 (3d Cir. 2001) (bond hearing considerations for detention)