Doe v. Decker

Background

John Doe is a lawful permanent resident detained by U.S. Immigration and Customs Enforcement under 8 U.S.C. § 1226(c), which requires detention for certain noncitizens during removal proceedings. He had been detained since December 8, 2020, after being charged as removable. His immigration case, including his appeal to the Board of Immigration Appeals from the denial of his Convention Against Torture application, remained pending.

Doe filed a petition under 28 U.S.C. § 2241 challenging his prolonged detention without a bond hearing. He sought immediate release or, alternatively, an individualized bond hearing. He also sought an order preventing his transfer from the New York City area and an award of attorneys’ fees and costs under the Equal Access to Justice Act.

Bond Hearing

The court held that the length and conditions of Doe’s detention required an individualized hearing to determine whether continued detention was justified. The court considered factors including the approximately ten-month detention, the absence of evidence that Doe caused improper delays, his pending defense under the Convention Against Torture, the conditions at the criminal custody facility, the likely duration of his appeals, the nature of his conviction, and the fact that his prior criminal custody had lasted longer than his immigration detention.

The court concluded that continued detention without an individualized bond hearing violated the Due Process Clause of the Fifth Amendment. It rejected the need to decide at that stage whether Doe should actually be released; that question could be addressed at the bond hearing.

Required Hearing Procedures

The court ordered an individualized bond hearing within 14 calendar days after the order was docketed. The respondents must produce Doe in person, by video-teleconference, or by telephone conference as permitted by law. The Department of Homeland Security must prove by clear and convincing evidence that Doe presents a flight risk or a future danger to the public.

The adjudicator must meaningfully consider alternatives to imprisonment, including release on recognizance, parole, or electronic monitoring. If a monetary bond is set, the adjudicator must meaningfully consider Doe’s ability to pay.

Other Requests and Disposition

The court denied Doe’s other applications, including his request to prevent the respondents from moving him from the New York City area, his request for immediate release, and his request for attorneys’ fees and costs. The court found that the respondents’ position was substantially justified for purposes of the fee request.

The petition was GRANTED in part and DENIED in part. The respondents were ordered to provide the required bond hearing within 14 calendar days and to report its outcome to the court within one business day afterward. If they fail to provide the hearing, they must release Doe from detention within 14 calendar days from the order’s docketing.