Background
Two Mexican nationals, Fidencio Hernandez Alvarez and Ismael Cerro Perez, were arrested following traffic stops while residing in the United States without lawful admission. The Department of Homeland Security detained them without the possibility of bond under Section twelve hundred twenty-five, subsection B, paragraph two, subparagraph A of Title eight of the United States Code. The petitioners challenged their detention, arguing that the discretionary detention provisions of Section twelve hundred twenty-six, subsection A, applied instead. The district court agreed, granting habeas corpus relief and ordering bond hearings. The Government appealed, arguing that all unadmitted aliens are ‘applicants for admission’ and thus ‘seeking admission’ by default.
The court’s reasoning
The court analyzed the text of Section twelve hundred twenty-five, subsection B, paragraph two, subparagraph A, which mandates detention for an alien who is an applicant for admission and is seeking admission. The court distinguished between the technical definition of ‘applicant for admission,’ which includes any unadmitted alien present in the country, and the phrase ‘seeking admission,’ which requires an affirmative step to obtain lawful entry. The court found that the petitioners were not seeking lawful entry when arrested for traffic violations. The court rejected the Government’s argument that mere presence constitutes seeking admission, noting that the statute creates distinct conditions for detention. The court also rejected the argument that the petitioners became seekers of admission by failing to self-deport.
What it means going forward
The decision entitles unadmitted aliens found in the interior of the United States to a bond hearing during their immigration proceedings, reversing the Government’s policy of mandatory detention for this class of individuals. It aligns the Eleventh Circuit with the majority of other circuits that have addressed the issue.
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