Guerra v. Shanahan

Respondents appealed the district court's grant of petitioner's petition for a writ of habeas corpus and order that petitioner be granted an individual bond hearing before an immigration judge. The district court found that petitioner's detention was governed by 8 U.S.C. 1226(a) and he was, therefore, entitled to a bond hearing. The court agreed, concluding that the language and structure of the statutes dictate the conclusion that petitioner’s detention during the pendency of his withholding‐only proceedings is detention pursuant to 8 U.S.C. 1226(a). Accordingly, the court affirmed the judgment. View "Guerra v. Shanahan" on Justia Law