Facts

Petitioner Nectali Ulises Romero-Romero, a Salvadoran national and long-time Lawful Permanent Resident, had been detained in the custody of the Department of Homeland Security's Immigration and Customs Enforcement for over one year after he was charged with removability based on an aggravated felony prior conviction. Petitioner thereafter petitioned for Writ of Habeas Corpus and alleged he was improperly detained under the mandatory detention provisions of the Immigration and Nationality Act, in violation of his Fifth Amendment right to due process.

PETITIONER'S CONTENTIONS: Petitioner contended that he appealed his case to the Board of Immigration of Appeals, and thus his removal order was not yet administratively final. Petitioner further contended that he did not receive a bond hearing and his prolonged detention without such a hearing violated the Due Process Clause of the Fifth Amendment and the Eighth Amendment's Excessive Bail Clause.

RESPONDENT'S CONTENTIONS: Respondent denied Petitioner's contentions and further contended it maintained the authority to detain criminal aliens convicted of aggregated felonies.

Result

The court granted the petition in favor of Petitioner after it concluded Petitioner's prolonged and ongoing detention without a custody hearing was not compatible with due process.