United States District Court, W.D. Washington
Alberto Ramon Sanchez-Bautista, Petitioner, Pro se, TACOMA, WA.
For Lowell Clark, Warden, Northwest Detention Center, Eric H Holder, Jr, U.S. Attorney General, Jeh Johnson, Secretary, DHS, Thomas S Winkowski, Principle Deputy Assistant Secretary, ICE, Nathalie Asher, Field Office Director, ICE, Respondents: U.S. Attorney Habeas, LEAD ATTORNEY; Timothy Michael Belsan, U.S. DEPARTMENT OF JUSTICE (BOX 868), WASHINGTON, DC.
REPORT AND RECOMMENDATION
JAMES P. DONOHUE, United States Magistrate Judge.
INTRODUCTION AND SUMMARY CONCLUSION
Petitioner Alberto Ramon Sanchez-Bautista, a native and citizen of Mexico, has been detained by U.S. Immigration and Customs Enforcement (" ICE") at the Northwest Detention Center since May 1, 2014, under a reinstated order of removal. See Dkt. 10-1. An asylum officer found petitioner had a reasonable fear of return to Mexico and referred him to an Immigration Judge (" IJ") for withholding-only proceedings, which remain pending. Id. During his detention, he has not received an individualized bond hearing before an IJ. See Dkt. 1.
Proceeding pro se, petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking such a bond hearing. Dkt. 1. Respondents have moved to dismiss, arguing that petitioner's habeas petition should be denied because his detention is statutorily authorized and he is not entitled to a bond hearing. Dkt. 10. Petitioner did not respond.
For the reasons discussed below, the Court recommends that petitioner's habeas petition be granted and respondents' motion to dismiss be denied. Due to his prolonged detention, petitioner is entitled to an individualized bond hearing before an IJ pursuant to Diouf v. Napolitano (" Diouf II "), 634 F.3d 1081 (9th Cir. 2011).
Petitioner first came to the United States, without inspection, on an unknown date prior to February 2008. See Dkt. 10-1. In February 2008, he was removed from the United States pursuant to an order of removal entered by an IJ in Tacoma, Washington. Id. Over the next several years, petitioner reentered the United States illegally and was removed 11 more times. Id.
On April 21, 2014, ICE agents encountered petitioner in the Grant County Jail. Id. On May 1, 2014, petitioner was released from the Grant County Jail to ICE custody and served with a Notice of Intent/Decision to Reinstate a Prior Order of removal. Id. Petitioner asserted a fear of return to Mexico. Id. After interviewing petitioner, an asylum officer found this fear to be reasonable and referred him for withholding-only proceedings. Id. Those proceedings are ongoing. Id.
During petitioner's detention, he has not been afforded a bofnd hearing. See generally Dkt. 1. Consequently, petitioner filed the instant habeas petition, seeking such a hearing. See id.
To resolve this matter, the Court must determine (1) whether the statutory authority for petitioner's detention is found in 8 U.S.C. § 1226(a) or 8 U.S.C. § 1231(a), and (2) whether he is entitled to a bond hearing under the proper authorizing statute. The Court is guided by the Honorable James L. Robart's recent decision in a factually analogous case, Giron-Castro v. Asher, No. C14-867-JLR, ...