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Serrano-Vargas v. Lowe

United States District Court, M.D. Pennsylvania

May 18, 2018

EVARISTO SERRANO-VARGAS, Petitioner
v.
CRAIG A. LOWE, Warden, Respondent

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Petitioner, 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.

         I. Background

         Petitioner 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 Immigration Judge).

         On 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 Alien).

         On May 3, 2011, Serrano-Vargas was granted leave to voluntarily depart, but failed to do so. (Doc. 5-2, at 23, Order of Immigration Judge).

         On May 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 Alien).

         In 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 Prior Order).

         On 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 2016).

         On November 4, 2016, upon release from federal custody, Serrano-Va rga s wa s ret ur ned to I CE custody. See https://www.bop.gov/inmateloc/11224-273.

         On 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).

         On May 8, 2017, Petitioner filed the instant petition for writ of habeas corpus, pursuant to 28 U.S.C. §2241. (Doc. 1).

         On June 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).

         On June 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 ...


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