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Keywords

jurisdictionhearingmotionleasefelonymisdemeanorbailrespondent
jurisdictionhearingmotionleasefelonymisdemeanorbailrespondent

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Mau v. Chertoff

Facts

The alien was a native and citizen of Fiji who was ordered removed based on his prior convictions for driving under the influence (DUI). After the habeas petition was granted, respondents conducted a bail hearing under an IJ. The alien asserted that the IJ lacked jurisdiction to conduct the hearing. The IJ found the alien eligible for bail but set the bond amount to $100,000 which effectively kept the alien in detention. The district court found that there was no error in the assignment of the bail hearing to the IJ. The IJ's reliance on two misdemeanor convictions for DUI and one felony conviction for DUI as the basis for the finding of present dangerousness was an error of law and the resulting assessment of $100,000 bond was unreasonable. It was inappropriate to apply a $1,500 minimum bond to a successful habeas petitioner detained under 8 U.S.C.S. 1226's discretionary detention provision where no such minimum bond would apply to a successful petitioner detained under the mandatory detention provision.

The alien was a native and citizen of Fiji who was ordered removed based on his prior convictions for driving under the influence (DUI). After the habeas petition was granted, respondents conducted a bail hearing under an IJ. The alien asserted that the IJ lacked jurisdiction to conduct the hearing. The IJ found the alien eligible for bail but set the bond amount to $100,000 which effectively kept the alien in detention. The district court found that there was no error in the assignment of the bail hearing to the IJ. The IJ's reliance on two misdemeanor convictions for DUI and one felony conviction for DUI as the basis for the finding of present dangerousness was an error of law and the resulting assessment of $100,000 bond was unreasonable. It was inappropriate to apply a $1,500 minimum bond to a successful habeas petitioner detained under 8 U.S.C.S. 1226's discretionary detention provision where no such minimum bond would apply to a successful petitioner detained under the mandatory detention provision.

Issue

Whether the immigration judge had jurisdiction to conduct the bail hearing and whether the bond amount set was reasonable.

Whether the immigration judge had jurisdiction to conduct the bail hearing and whether the bond amount set was reasonable.

Rule

The court applied the legal principles regarding the jurisdiction of immigration judges in bail hearings and the standards for setting bond amounts in discretionary detention cases.

The court applied the legal principles regarding the jurisdiction of immigration judges in bail hearings and the standards for setting bond amounts in discretionary detention cases.

Analysis

The court analyzed the IJ's decision to set a $100,000 bond based on the alien's prior DUI convictions. It found that the IJ's reliance on these convictions as evidence of present dangerousness was an error of law. The court emphasized that the bond amount was excessive and not in line with the standards applicable to successful habeas petitioners.

The court analyzed the IJ's decision to set a $100,000 bond based on the alien's prior DUI convictions. It found that the IJ's reliance on these convictions as evidence of present dangerousness was an error of law. The court emphasized that the bond amount was excessive and not in line with the standards applicable to successful habeas petitioners.

Conclusion

The court granted the alien's motion to supplement the motion to amend judgment, ordering respondents to release the alien under appropriate conditions of supervision.

The court granted the alien's motion to supplement the motion to amend judgment, ordering respondents to release the alien under appropriate conditions of supervision.

Who won?

The petitioner, Eparama Mau, prevailed because the court found the bond amount set by the IJ to be unreasonable and ordered his release under appropriate conditions.

The petitioner, Eparama Mau, prevailed because the court found the bond amount set by the IJ to be unreasonable and ordered his release under appropriate conditions.

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