Client, a permanent resident of the U.S. had been previously charged with a misdemeanor drug possession and successfully completed his probation. Subsequently, upon return from a trip from his home country, he was questioned by immigration officers about his arrest and referred to Deferred Inspection with complete records of the arrest for a determination as to whether this charge would render him inadmissible to enter the U.S. At the appointment, he was placed into custody and charged as an “arriving alien”, subjecting him to mandatory detention, meaning no release on bond until his hearing on the inadmissibility issue. When the client requested that the government release him on bond as a discretionary matter, his request was denied based on the fact that he had not established that he would not pose a danger to the community or national security. Our attorneys prepared a strong petition for writ of habeas corpus, arguing that the government had a duty to properly consider our client’s request in exercising its discretion in the release of our client and that a decision by the government citing no facts to the contrary was insufficient and an abuse of discretion. Our client was released two days after the petition was filed.
