Harris v. Lucero et al, No. 1:2011cv00692 - Document 13 (E.D. Va. 2012)

Court Description: MEMORANDUM OPINION re: 1 PETITION for Writ of Habeas Corpus, filed by Phillip Junior Harris. Signed by District Judge Anthony J Trenga on 2/23/12. (nhall)
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division PHILLIP JUNIOR HARRIS, # A 039 134 214, Petitioner, Civil Action No. 1:1 l-cv-692 ENRIQUE LUCERO, et al., Respondents. MEMORANDUM OPINION Petitioner Phillip Junior Harris ("Harris") has filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (the "Petition")(Doc. No. 1). As his grounds for relief, Harris contends that immigration officials have denied him the individualized bond release hearing he is entitled to receive under 8 U.S.C. § 1226(a) following his arrest, and that he is being improperly held without such a hearing pursuant to the mandatory detention provisions of8 U.S.C. § 1226(c).1 Section 1226(a) states: Arrest, detention, and release. On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General (1) may continue to detain the arrested alien; and (2) may release the alien on (A) bond of at least $ 1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or (B) conditional parole; but (3) may not provide the alien with work authorization (including an "employment authorized" endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.