Contreras Pernia, an immigrant in federal custody, challenged his prolonged detention through a habeas corpus petition under 28 U.S.C. ยง 2241. The petitioner sought release from immigration detention or at minimum a bond hearing to determine whether his continued custody was justified.
Judge Beckering ruled that the government must provide Contreras Pernia with a hearing before a neutral immigration judge, placing the burden on the government to prove by clear and convincing evidence that he poses a danger to the community or flight risk. The court gave respondents, including Department of Homeland Security Secretary Kristi Noem, the alternative option to 'immediately release Petitioner from custody' if they cannot arrange the hearing within the required timeframe.
The case appears to challenge the government's authority to detain immigrants for extended periods without individualized determinations of their detention's necessity. Immigration advocates have increasingly filed habeas petitions in federal court when immigrants face prolonged detention without bond hearings.
The government must file a status report within six business days certifying compliance with the court's order, including details about whether a bond hearing occurred, the outcome, and any conditions imposed. The ruling could set precedent for other detained immigrants seeking similar relief in the Western District of Michigan.