Dighero-Castaneda v. Napolitano
Mar 15, 2013OUTCOME: Habeas Granted
1 Petitioner is a federal detainee proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties in this action have consented to proceed before a Uni ... ted States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Petitioner claims that he is being improperly detained under the mandatory detention provisions of the Immigration and Nationality Act (INA), in violation of 8 U.S.C. § 1226(c) and his Fifth Amendment right to due process. Petitioner seeks an order: (1) declaring that his detention is governed by 8 U.S.C. § 1226(a) and not § 1226(c); (2) ordering the immigration judge to hold a bond determination hearing under 8 U.S.C. § 1226(a)(2); and (3) preventing the respondents from transferring him to another prison during the pendency of this action. Upon careful consideration of the record and the applicable law, the undersigned will grant petitioner’s application for habeas corpus relief.
