Bah v. Barr et al, No. 1:2019cv00641 - Document 13 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 09/06/2019. (tran)
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Bah v. Barr et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Hassan Bah, Petitioner, Civil No. l:19-cv-641 V. William P. Barr,et aL, Respondents. MEMORANDUM OPINION Petitioner, a citizen ofSierra Leone who is subject to an administratively final butjudicially stayed removal order, has been detained in U.S. Immigration and Customs Enforcement("ICE") custody for over two years without a bond hearing. In his petition, he challenges his detention without a bond hearing as a violation of the Due Process Clause of the Fifth Amendment. Respondents' argue that petitioner is subject to mandatory detention under 8 U.S.C. ยง 1231 and argues that his lengthy detention without bond does not violate Due Process. Respondents have moved for summary judgment, and this motion has been fully briefed and argued and is now ripe for disposition. For the reasons that follow, the respondents' motion must be denied, and petitioner's habeas petition must be granted in part to require a reasonably prompt bond hearing consistent with Due Process. I. Summary judgment is appropriate only where there are no genuine disputes of material 'Petitioner named as respondents William P. Barr, United States Attorney General, Kevin K. McAleenan, Acting Secretary of DHS, Ronald D. Vitiello, Acting Director ofICE, Kim Zanotti, Director of ICE's Washington Field Office, and Paul Perry, the Superintendent of Caroline Detention Facility (collectively,"respondents"). 1 Dockets.Justia.com
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