Wednesday, January 18th, 2017

Habeas ‘When Released’ Victory in California: Mejia Espinoza v. Aitken

0

"[T]he facts show that Petitioner was not detained by ICE until 11 months after her arrest and 6 months after criminal conviction.  Since there is no evidence to suggest that Petitioner hid from immigration authorities or did anything other than return to her home in Oakland, those time periods cannot be considered reasonable in order to justify detention under § 1226(c).  Petitioner detention must therefore be classified under § 1226(a), under which she is entitled to a bond hearing. The Petition for Writ of Habeas Corpus will therefore be granted.  Based on the foregoing, the Petition for Writ of Habeas Corpus is GRANTED.  Within 30 days from the date this Order is filed, the Government shall afford Petitioner an individualized bond hearing consistent with 8 U.S.C. § 1226(a) before an immigration judge with authority to grant bail unless the Government establishes that Petitioner is flight risk or a danger to the community." -