Unreported / Non-Citable
Background
Alexander Lopez Zepeda filed a habeas petition challenging immigration detention without a bond hearing. The court ordered the government to show cause why it should not grant release.
Following Rodriguez Vazquez v. Bostock, the government conceded that binding circuit law gave Lopez Zepeda a statutory right to a hearing under § 1226(a). The dispute therefore centered on the consequence of the government’s lengthy delay.
The Court’s Holding
The court granted habeas relief and ordered immediate release without added restrictions. It reasoned that the delay violated due process and that a belated promise of process did not eliminate the injury.
Before any future re-detention under § 1226(a), the government must give seven days’ notice and hold a neutral pre-deprivation bond hearing. The court required confirmation of release, entered judgment, and closed the case.
Key Takeaways
- Binding circuit law establishes a statutory bond-hearing right for covered § 1226(a) detainees.
- Lengthy delay can warrant release instead of merely an order for a later hearing.
- No additional release restriction may be imposed without a future custody determination.
- Different rules may apply after an executable removal order.
Why It Matters
The order strengthens the remedial argument in detention cases: when required process has been withheld long enough, immediate release may be necessary to cure the constitutional harm.
It also supplies clear protection against cycling a person back into detention without notice and an opportunity to contest custody first.