Harris v. Lucero et al

Filing 13

MEMORANDUM OPINION re: 1 PETITION for Writ of Habeas Corpus, filed by Phillip Junior Harris. Signed by District Judge Anthony J Trenga on 2/23/12. (nhall)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

PHILLIP JUNIOR HARRIS,
# A 039 134 214,

Petitioner,

Civil Action No. 1:1 l-cv-692

ENRIQUE LUCERO, et al.,

Respondents.

MEMORANDUM OPINION

Petitioner Phillip Junior Harris ("Harris") has filed a Petition for Writ of Habeas

Corpus Pursuant to 28 U.S.C. § 2241 (the "Petition")(Doc. No. 1). As his grounds for
relief, Harris contends that immigration officials have denied him the individualized bond

release hearing he is entitled to receive under 8 U.S.C. § 1226(a) following his arrest, and
that he is being improperly held without such a hearing pursuant to the mandatory

detention provisions of8 U.S.C. § 1226(c).1

Section 1226(a) states:

Arrest, detention, and release. On a warrant issued by the Attorney General, an
alien may be arrested and detained pending a decision on whether the alien is to
be removed from the United States. Except as provided in subsection (c) and
pending such decision, the Attorney General—
(1) may continue to detain the arrested alien; and
(2) may release the alien on—
(A) bond of at least $ 1,500 with security approved by, and containing
conditions prescribed by, the Attorney General; or
(B) conditional parole; but

(3) may not provide the alien with work authorization (including an
"employment authorized" endorsement or other appropriate work permit), unless
the alien is lawfully admitted for permanent residence or otherwise would
(without regard to removal proceedings) be provided such authorization.