Guzman Chavez v. Hott, No. 18-6086 (4th Cir. 2019)Annotate this Case
The Fourth Circuit affirmed the district court's grant of summary judgment in favor of petitioners, a class of noncitizens subject to reinstated removal orders, holding that they were detained under 8 U.S.C. 1226 because a decision on removal remains "pending" until their withholding-only proceedings are complete.
The court read the plain text of the provisions at issue to ensure that they fit together to form a workable statutory framework, holding that section 1226 applies when there is still "pending" a legal determination that must be made before a noncitizen may be removed; and once there are no remaining legal impediments to removal, section 1231's 90-day removal period begins. The court explained that the government lacks the authority to actually execute orders of removal while withholding-only proceedings are ongoing and thus petitioners were detained under section 1226. Therefore, the court agreed with the district court that the relevant provisions of section 1226, rather than section 1231, govern petitioners' detention, entitling petitioners to individualized bond hearings.