Court finds Ecuadorian national held without hearing must be given chance for release.
Newark, NJ – A federal judge in New Jersey has ruled that an immigration detainee held at a state facility was unlawfully detained without a bond hearing, ordering that he be given an opportunity to seek release.
In a memorandum opinion, U.S. District Judge Susan D. Wigenton found that Elias Samuel Moposita Maliza, a citizen of Ecuador, was improperly held under a statute that allows for mandatory detention without bond.
Maliza has been detained at the Delaney Hall Detention Facility after being arrested by Department of Homeland Security agents on March 8. He has no final order of removal and has lived in the United States since July 2022, according to court records.
Court says detention statute was misapplied
The government argued that Maliza was properly detained under 8 U.S.C. § 1225(b)(2), which applies to certain individuals considered applicants for admission. However, the court rejected that argument, noting it had already ruled against similar interpretations in prior cases.
“Respondents acknowledge that the statutory arguments and facts in this case are materially identical to those that this Court has already rejected,” the opinion states.
Judge Wigenton determined that because Maliza was arrested within the interior of the United States after living in the country for an extended period, the government relied on the wrong statute.
“This Court concludes that Petitioner is being unlawfully detained under 8 U.S.C. § 1225,” the judge wrote.
Ruling affirms right to bond hearing
Instead, the court found that Maliza should have been detained under a different provision — 8 U.S.C. § 1226 — which allows detainees to seek bond and receive an individualized custody determination.
“Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. § 1226, which requires an opportunity to seek bond,” the opinion states.
The ruling grants Maliza’s habeas petition, finding his continued detention without a bond hearing violates federal law and due process protections.
Key Points
- Federal judge rules ICE detention without bond hearing was unlawful
- Court says wrong statute was used for detainee living in U.S. since 2022
- Detainee must be given opportunity to seek release through bond hearing
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