Immigration Law

CA3 on Detention, Bond - Guerrero-Sanchez v. Warden

Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only relief governed by § 1226(a) or § 1231(a)? If the former, then such aliens are statutorily permitted to a bond hearing. But if we find that § 1231(a) controls, then we must answer a second question: does § 1231(a)(6) compel an implicit bond hearing requirement after prolonged detention? For the reasons discussed below, we hold that § 1231(a) governs Guerrero-Sanchez’s detention and that § 1231(a)(6) affords a bond hearing after prolonged detention to any alien who falls within the ambit of that provision. We will therefore affirm on alternative grounds the District Court’s decision to afford Guerrero-Sanchez a bond hearing."

[Hats way off to Daniel B. Conklin, attorney for Guerrero-Sanchez, and Witold J. Walczak, Golnaz Fakhimi, Michael Tan, Judy Rabinovitz, Farrin R. Anello, Edward Barocas, Jeanne LoCicero, Trina Realmuto and Mark Barr!]