United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
Evaristo Serrano-Vargas, a detainee of the Immigration and
Customs Enforcement (“ICE”), currently confined
in the Pike County Prison, Lords Valley, Pennsylvania, filed
the above captioned petition for writ of habeas corpus,
pursuant to 28 U.S.C. §2241. (Doc. 1,
petition). Serrano-Vargas challenges his continued detention
by ICE pending removal. Id. Specifically, he argues
that his detention is “unconstitutional, unreasonable
and well-beyond the limits to the statutes under which he is
now detained.” Id. He requests a
constitutionally adequate bond hearing conducted by this
court or release under supervision. Id. For the
reasons set forth below, the court will
GRANT the petition and order that an
Immigration Judge conduct an individualized bond hearing
within thirty (30) days.
is a citizen and national of Mexico whose parents brought him
to the United States, illegally in 2000, when he was thirteen
years old. (Doc. 5-2 at 3, Oral Decision of the
December 10, 2008, Serrano-Vargas was placed in removal
proceedings, after an offense for driving while intoxicated.
(Doc. 5-2 at 1, Record of Deportable/Inadmissible
3, 2011, Serrano-Vargas was granted leave to voluntarily
depart, but failed to do so. (Doc. 5-2, at 23, Order
of Immigration Judge).
25, 2011, when Petitioner failed to leave the United States
as ordered, the Immigration Court converted his order to
voluntarily depart to an order of removal and immigration
officials effectuated his removal on May 25, 2011. (Doc.
5-2, at 28, Record of Deportable/ Inadmissible
June, 2011, Serrano-Vargas subsequently re-entered the United
States at, or near, Laredo, Texas, without being inspected,
admitted, or paroled by an immigration officer. (Doc.
5-2 at 29, Notice of Intent/Decision to Reinstate
February 29, 2016, ICE officers apprehended Petitioner in
Cedar Rapids, Iowa and took him into custody, after an arrest
for driving under the influence of intoxicants. Id.
ICE officials reinstated his removal order that same day.
Id. After eight days in ICE custody, Petitioner was
released into the custody of the Federal Marshal Service for
prosecution of illegal re-entry. See USA v.
Serrano-Vargas, Crim. No. 1:16-cr-00021-LRR-1 (N.D. Iowa
November 4, 2016, upon release from federal custody,
Serrano-Va rga s wa s ret ur ned to I CE custody. See
December 13, 2016, having expressed a fear of return to
Mexico, Serrano-Vargas was afforded an interview with the
asylum officer. (Doc. 5-2, at 30, Notice of Referral
to Immigration Judge). Petitioner was found not to have a
reasonable fear and requested review of this decision by the
immigration judge who also found no reasonable fear and
returned his case to DHS for removal on February 15, 2017.
(Doc. 5-2 at 32, Order of the Immigration Judge).
8, 2017, Petitioner filed the instant petition for writ of
habeas corpus, pursuant to 28 U.S.C. §2241. (Doc.
22, 2017, the Board of Immigration Appeals dismissed
Petitioners appeal of the Immigration Judge's decision to
deny relief from removal on June 22, 2017. (Doc. 5-2
at 33, Board of Immigration Appeals Decision).
30, 2017, Petitioner filed a Petition for Review before the
United States Court of Appeals for the Third Circuit. See
Serrano-Vargas v. Att'y Gen., No. 17-2424 (3d Cir.
2017). By Order dated September 15, 2017, Petitioner's
Motion to Stay Removal was granted. Id. His ...