Sanchez Gamino v. Holder

ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS

I. BACKGROUND

Petitioner Roberto Sanchez Gamino was 17 yéars old when he was admitted to the United States as a permanent resident in 1993. Since his arrival in this country, petitioner has'been convicted twice for Domestic Violence in violation of California Penal Code Section 273.5(e), a crime for which he is subject to removal pursuant to 8 U.S.C. § 1182 (a)(6)(A)(ii) 1 and § 1182(a)(2)(e)®, along with various other convictions. He was last convicted on October 6, 2003, when he was admitted to probation for four years and sentenced to serve 180 days in county jail. More than nine years later, in August 2013, he was arrested by Immigration and Customs Enforcement (ICE) agents at his home. He remains in ICE custody in San Francisco and has petitioned this court for release or a bond hearing.

- According to the government, Sanchez Gamino is subject to mandatory detention pursuant to § 1226(c) and therefore is not entitled to a bond hearing, in contrast to individuals detained pursuant to § 1226(a). The question of whether § 1226(c) applies when detention is effected some period after an individual’s…