Arturo Barrientos v. Ice Field Office Director

MEMORANDUM

Arturo Alexander Barrientos appeals pro se the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 , challenging his detention without release on bond pending the conclusion of his immigration proceedings. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). We review de novo the district court’s denial of a petition for a writ of habeas corpus, Singh v. Holder, 638 F.3d 1196, 1202 (9th Cir. 2011), and we affirm.

The district court properly concluded that Barrientos’ detention comports with applicable legal and constitutional requirements, where an immigration judge (“IJ”) conducted a recorded, individualized bond hearing, in which the IJ required the Department of Homeland Security to prove by clear and convincing evidence that Bar-rientos was a danger to the community and a flight risk. See Casas-Castrillon v. DHS, 535 F.3d 942, 951 (9th Cir. 2008); Singh, 638 F.3d at 1203-09 .

Barrientos contends that the decision to deny jais release on bond was improper because it was based on criminal charges that are still pending. However, the IJ was permitted to consider such evidence in denying bond. See Matter of Guerra, 24 I. &…