Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Palma v. Asher

United States District Court, W.D. Washington, Seattle

January 28, 2014

JOEL ENRIQUE RIVERA PALMA, Petitioner,
v.
NATALIE ASHER, Field Office Director, Respondent.

REPORT AND RECOMMENDATION

MARY ALICE THEILER, Chief Magistrate Judge.

I. INTRODUCTION AND SUMMARY CONCLUSION

Petitioner Joel Enrique Rivera Palma has filed a pro se habeas corpus petition under 28 U.S.C. § 2241, contending, among other things, that his detention without bond by U.S. Immigration and Customs Enforcement ("ICE") violates the Due Process Clause of the Fifth Amendment. Dkt. 3. He asks the Court to direct the Immigration Court and ICE to issue a bond in a reasonable amount. Id. at 1. Respondent has moved the Court to dismiss petitioner's habeas petition, asserting that his detention is lawful. Dkt. 8. Petitioner did not respond to the motion to dismiss. Having considered the parties' submissions and the governing law, the Court recommends that petitioner's habeas petition be DENIED, respondent's motion to dismiss be GRANTED, and this case be DISMISSED with prejudice.

II. BACKGROUND

Petitioner is a native and citizen of Mexico. Dkt. 9-1 at 2. Petitioner came to the attention of ICE on or about June 19, 2013, after being arrested for Driving Under the Influence. Id. at 3. On July 30, 2013, he was released into ICE custody after being convicted and sentenced to time served. See id. at 2-3. Also on July 30, 2013, petitioner was served with a Notice to Appear, charging him as subject to removal under 8 U.S.C. § 1182(a)(6)(A)(i) ("An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible."), and ICE made an initial decision that petitioner would be detained during his removal proceedings. Dkt. 9-1 at 6-7, 11.

Petitioner requested review of this decision, and on September 17, 2013, an Immigration Judge ("IJ") held an individual bond hearing and denied bond, finding petitioner a danger to the community. Id. at 14, 16. Petitioner waived appeal to the Board of Immigration Appeals ("BIA"). Id. at 14.

On October 28, 2013, petitioner initiated the instant action. See Dkt. 1. He remains detained at the Northwest Detention Center pending the completion of his removal proceedings.

III. DISCUSSION

Petitioner brings this action pursuant to 28 U.S.C. § 2241, which authorizes the district court to grant a writ a habeas corpus whenever a petitioner is "in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). The record shows the statutory authority for petitioner's detention is 8 U.S.C. § 1226(a). Dkt. 9-1 at 14, 16. Section 1226(a) provides the framework for the arrest, detention, and release of aliens in removal proceedings. That provision provides the Attorney General with discretionary authority to release an alien on bond or conditional parole pending the completion of removal proceedings. See id. Section 1226(a) states in relevant 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) of this section and pending such decision, the Attorney General -
(1) may continue to detain the arrested alien; and
(2) may release the alien on -
(A) bond of at least $1, 500 with security approved by, and containing conditions prescribed by, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.