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Reynoso v. Aviles

United States District Court, S.D. New York

June 25, 2015

EUSEBIO REYNOSO, Petitioner,
v.
OSCAR AVILES, et al., Respondents.

OPINION AND ORDER

J. PAUL OETKEN, District Judge.

Petitioner, Eusebio Reynoso, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Reynoso, a lawful permanent resident of the United States, has been in immigration detention since June 2014, when he was arrested by Immigration and Customs Enforcement ("ICE") in connection with removal proceedings. ICE determined that Reynoso is subject to mandatory detention under § 236(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c). Reynoso contends that he may be properly detained only under INA § 236(a), 8 U.S.C. § 1226(a), not under § 236(c), and is both statutorily and constitutionally entitled to a bond hearing before an immigration judge ("IJ"). For the reasons that follow, Reynoso's petition is granted.

I. Background

A. Factual Background

Reynoso, a native of the Dominican Republic, has been a lawful permanent resident of the United States since January 1999. (Dkt No. 4 ("Petitioner's Memo"), at 4.) In March 2004, Reynoso was arrested and charged with several drug- and weapons-related offenses. (Dkt. No. 6, Ex. B at 4-5.) He was ultimately convicted of criminal possession in the fourth degree in New York state court in October 2004, and sentenced to five years' probation in December of that year. ( Id. at 5.)

In March 2012, Reynoso was arrested and charged with four drug-related offenses. ( Id. at 3.) He was convicted of criminal sale of a controlled substance in April 2012 and sentenced to five years' probation in May of the same year. ( Id. at 3.) For neither conviction did Reynoso receive a sentence of incarceration.

ICE arrested and detained Reynoso on June 11, 2014. ( Id. Ex. D.) The Notice to Appear ("NTA"), the charging document that initiates removal proceedings, alleges that Reynoso is removable under INA §§ 237(a)(2)(B)(i) and 237(a)(2)(A)(iii). ( Id. Ex. C.) ICE also determined that Reynoso is subject to mandatory detention under INA § 236(c) and did not provide him with a bond hearing. ( Id. Ex. D.) Reynoso's removal proceedings are ongoing.[1] He remains in immigration detention.

B. Procedural History

Reynoso filed this petition for a writ of habeas corpus on May 21, 2015. (Dkt. No. 1.) In an order dated May 29, 2015, the Court set an expedited briefing schedule, directing Reynoso to file a brief by June 5, the Government to file its opposition by June 19, and Reynoso to file a reply by June 26.[2] (Dkt. No. 3.)

II. Discussion

The mandatory detention statute, under which Reynoso was and continues to be detained, reads, in relevant part:

The Attorney General shall take into custody any alien who -
(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), ...

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