Turkish national challenges re-detention after prior release, wins bond hearing
Omer Sariboga, a Turkish national, is an immigration detainee held at Mesa Verde Detention Center. He was previously released from immigration detention pursuant to 8 U.S.C. § 1226(a) but was subsequently re-detained under 8 U.S.C. § 1225(b)(2)(A). Sariboga filed a petition for writ of habeas corpus challenging his detention without a bond hearing. The court granted his petition, finding that the Due Process Clause requires a bond hearing where the government must prove by clear and convincing evidence that he is a flight risk or danger to the community. The court ordered respondents to provide Sariboga with a bond hearing before a neutral decisionmaker within ten days, with the government bearing the burden of proof. The court directed that Sariboga be given 72 hours' written notice in a language he can understand, may be represented by an attorney, and that the decisionmaker must consider his financial circumstances when setting bond or alternative release conditions. If respondents fail to provide the hearing within ten days, they must release him.
























