322 F. Supp. 3d 1169
D. Kan.2018Background
- Petitioner is a Guatemalan national who entered the U.S. circa 2003 and was placed in ICE custody after local police contact and ICE investigation.
- ICE issued a Warrant for Arrest, Notice of Custody Determination, and Notice to Appear; petitioner was initially detained in Shawnee County Jail as an ICE inmate and later released on bond by an immigration judge on June 20, 2017.
- Petitioner was later indicted in Shawnee County for sexual offenses, pleaded guilty on January 10, 2018, and was sentenced to 24 months' supervised probation on May 14, 2018.
- DHS/ICE lodged a detainer on January 5, 2018 requesting up to a 48-hour hold to assume custody; ICE cancelled an earlier immigration bond and re-determined no-bond status May 16, 2018; petitioner requested immigration-judge review.
- A deportation officer took custody within the allowable period; petitioner remained detained pending removal and filed a habeas petition challenging the detention and seeking release/damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to detain pending removal | Petitioner contends detention unlawful | ICE/DHS rely on INA detention authority for removable aliens | Court: Detention authorized under INA §1226(a)/(c) and lawful |
| Validity of ICE detainer/48-hour hold | Detainer insufficient or DOC held petitioner beyond permissible time | ICE/DOC say detainer and transfer complied with 48-hour rule (excluding weekends/holidays) | Court: Transfer occurred within regulatory 48-hour window; no unlawful extended hold |
| Requirement of judicial probable-cause finding for immigration arrest | Petitioner argues Fourth Amendment requires judge probable-cause determination | Government contends statutory administrative arrest power and "reason to believe" standard suffice | Court: Administrative warrantless arrest for immigration purposes is lawful; no separate judicial probable-cause requirement |
| Sufficiency of DHS showing vs. cases rejecting bare detainers | Petitioner cites cases invalidating bare investigative detainers | Government points to DHS warrant with probable-cause determination and biometric confirmation | Court: DHS warrant/biometric confirmation gave stronger basis than cases petitioner cites; detention distinguishable and lawful |
Key Cases Cited
- Demore v. Kim, 538 U.S. 510 (2003) (federal courts may hear habeas claims by detained aliens challenging their detention)
- Arizona v. United States, 567 U.S. 387 (2012) (federal supremacy and limits on detaining solely to verify immigration status)
- Abel v. United States, 362 U.S. 217 (1960) (upholding administrative arrest authority to detain pending deportation)
- Morales v. Chadbourne, 996 F. Supp. 2d 19 (D.R.I. 2014) (district-court decision critical of bare immigration detainers)