Immigrant detained under expedited removal statute wins court-ordered bond hearing
A man held at the Denver Contract Detention Facility in Aurora, Colorado filed a habeas corpus petition challenging his detention under 8 U.S.C. §§ 1225 and 1226, seeking release or, alternatively, a bond hearing. He argued that the government's interpretation of these statutes to deny him a bond hearing was unlawful. The court found this dispute had already been resolved in his favor by a recent Tenth Circuit decision interpreting the same statutory provisions. The court granted the petition in part, ordering that he receive a bond hearing within seven days at which the government must bear the burden of proving his continued detention is justified. The court also enjoined the government from denying him bond on the basis that he is detained under § 1225(b), and barred his removal from the District of Colorado except pursuant to a final removal order, in order to preserve its jurisdiction over the case.



























