United States District Court, D. New Jersey
KEVIN MCNULTY United States District Judge
The petitioner, Bakhtiyor Khabibov, is an immigration detainee at the Hudson County Correctional Center in Kearny, New Jersey. He is proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his current immigration detention. For the following reasons, the habeas petition will be denied without prejudice.
Mr. Khabibov is a citizen of Uzbekistan who was admitted to the United States in 2013 with permission to remain until March 2, 2014. In February 2014, Mr. Khabibov filed an application for asylum and for withholding of removal. He was interviewed on his asylum application on April 10, 2014. On June 30, 2014, Mr. Khabibov was ordered to appear at the offices of the Department of Homeland Security ("DHS"). At that time, he was detained by immigration officials without bond.
Mr. Khabibov then requested a bond redetermination before an Immigration Judge ("IJ"). On July 30, 2014, an IJ held a bond hearing. On August 21, 2014, the IJ denied bond to Mr. Khabibov. On October 16, 2014, the Board of Immigration Appeals ("BIA") affirmed the IJ's denial of bond.
Mr. Khabibov filed this habeas petition in February 2015. He primarily contests the IJ and BIA's denial of bond while his current applications for asylum and withholding of removal are being considered. He states that he has presented a prima facie case. He stresses that he is not a flight risk, does not endanger the community, and does not pose a threat to national security.
Mr. Khabibov requests that the Court declare his ongoing immigration detention without bond to be unconstitutional and contrary to law, and that it direct respondent to release petitioner, or to provide him with a bond hearing.
III. LEGAL STANDARD: IMMIGRATION DETENTION
The Attorney General has the authority to detain aliens during the "pre-removal" period, that is, while removal proceedings are ongoing but before the issuance of a final order of removal. Section 1226(a) of Title 8 of the United States Code permits the Attorney General to detain or release an alien pending a decision on whether the alien is to be removed from the United States:
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) of this section 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;
(B) conditional ...