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Padilla-Ramirez v. Bible

United States Court of Appeals, Ninth Circuit

July 6, 2017

Raul Padilla-Ramirez, Plaintiff-Appellant,
v.
Daniel A. Bible; Jeh Charles Johnson; Jefferson B. Sessions III, Attorney General; Rick Layher, Defendants-Appellees.

          Argued and Submitted March 13, 2017 San Francisco, California.

         Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief Judge, Presiding D.C. No. 1:16-cv-00127-BLW

          Maria E. Andrade (argued), Benjamin E. Stein (argued), and Christine M. Meeuwsen, Andrade Legal, Boise, Idaho, for Plaintiff-Appellant.

          Brian C. Ward (argued), Trial Attorney; Elizabeth J. Stevens, Assistant Director; William C. Peachey, Director; Benjamin C. Mizer, Principal Deputy Assistant Attorney General; District Court Section, Office of Immigration Litigation, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

          Before: J. Clifford Wallace, M. Margaret McKeown, and Jay S. Bybee, Circuit Judges.

         SUMMARY [*]

         Immigration / Habeas Corpus

         The panel affirmed the district court's judgment denying Raul Padilla-Ramirez's habeas corpus petition, in which he sought a custody redetermination as he awaits the outcome of administrative proceedings to determine whether he has a reasonable fear of returning to his native country of El Salvador.

         8 U.S.C. § 1226(a) grants the Attorney General discretion to detain an alien pending a decision on whether the alien is to be removed from the United States, and permits the Attorney General to release the alien on bond or conditional parole. Pursuant to 8 C.F.R. § 236.1(d)(1), an initial custody determination under section 1226(a) is made by the district director, but the detainee may request an additional bond hearing before an immigration judge. 8 U.S.C. § 1231(a) provides for mandatory detention during a ninety-day removal period, and discretionary detention beyond the removal period, but the bond hearing authorized under 8 C.F.R. § 236.1(d)(1) does not apply to detentions authorized under section 1231(a).

         Padilla-Ramirez's entitlement to a bond hearing hinged on whether he is detained pursuant to section 1226(a) or section 1231(a). The panel held that reinstated removal orders are administratively final, and that the detention of aliens subject to reinstated removal orders is governed by section 1231(a), rather than section 1226(a). Padilla-Ramirez was therefore not entitled to a bond hearing.

         The panel noted that its decision creates a circuit split with the Second Circuit's decision in Guerra v. Shanahan, 831 F.3d 59 (2d Cir. 2016).

          OPINION

          WALLACE, Circuit Judge.

         Raul Padilla-Ramirez appeals from the district court's judgment denying his habeas corpus petition, in which he seeks a custody redetermination as he awaits the outcome of administrative proceedings to determine whether he has a reasonable fear of returning to his native country of El Salvador. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

         I.

         We review the district court's denial of Padilla-Ramirez's habeas petition de novo. Singh v. Holder, 638 F.3d 1196, 1202 (9th Cir. 2011). We also review questions of statutory construction de novo. See Hing Sum v. Holder, 602 F.3d 1092, 1095 (9th Cir. 2010).

         II.

         The facts of this case are undisputed. In 1999, Padilla-Ramirez unlawfully entered the United States without applying for admission or parole. When Immigration and Customs Enforcement (ICE) initiated removal proceedings against him in 2006, Padilla-Ramirez sought to avoid removal by applying for asylum, withholding of removal, and relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention). These applications were denied, but the immigration judge (IJ) allowed Padilla-Ramirez to depart the ...


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