DE LA ROSA v. GREEN

Filing 6

OPINION. Signed by Judge Kevin McNulty on 4/2/2018. (ld, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KEVIN CISNEROS DE LA ROSA,
Petitioner,

Civ. No. 17-7392 (KM)

v.
CHARLES GREEN,

MEMORANDUM OPINION

Respondent.

KEVIN MCNULTY. U.S.D.J.
Petitioner, Kevin Cisneros Dc Ia Rosa, is an immigration detainee who is presently
detained at the Essex County Correctional Facility, in Newark, New Jersey. He is proceeding pro
se with a petition for writ of habeas corpus pursuant to 28 U.S.C.

§

2241. For the following

reasons, and upon consent of respondent, the habeas petition will be granted insofar as the matter
is remanded and the petitioner will receive a bond hearing.
Petitioner is a native and citizen of Guatemala. He entered the United States in March or
April of 2014, and resided here since that time. In early March 2017, the Department of
Homeland Security, Immigrations and Customs Enforcement, (“ICE”) charged petitioner as
being inadmissible, commenced removal proceedings against him, and took him into
immigration custody. Petitioner has apparently remained in immigration custody since that time.
Petitioner filed this habeas petition on September 21, 2017. He argued that his detention
would soon exceed the constitutional restrictions on mandatory detention under 8 U.S.C.

§

1226(c) and sought an order granting immediate release or, alternatively, directing that he
receive an individualized bond hearing. On October 5, 2017, I ordered respondent to file an

answer responding to the petition. (ECF No. 2.) Counsel for respondent subsequently filed a
response indicating that petitioner was detained under 8 U.S.C.

§

1226(a). (ECF No. 4.) The

response stated that, “[ulpon information and belief, Petitioner appeared once for a bond hearing,
but no action was taken because the Immigration Judge wanted additional information.” (Id.)
Respondent’s counsel represented that “the United States does not object to the Court entering an
order remanding this matter to the Immigration Court for a bond hearing.” (Id.)
An alien taken into custody pending a removal determination under 8 U.S.C.

§

may be detained or may be released on bond or parole. Generally aliens detained under
should receive a bond hearing at the outset of detention. See 8 C.F.R.

§

1226(a)

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1226(a)

236.1(d)(j),

1236.1(d)(1). As respondent seemingly concedes that petitioner should receive a bond hearing
and explicitly does not object to the ordering of such a hearing, I will remand this proceeding to
the Immigration Court for that purpose
For the foregoing reasons, the habeas petition will be granted insofar as ordering that an
Immigration Judge provide petitioner with an individualized bond hearing, pursuant to 8 U.S.C.

§

1226, within fourteen days of the date of this memorandum opinion and order. An appropriate

order will be entered.

DATED: April 2,2018
United States District Judge

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