2:26-cv-01706•Vicas v. Bondi et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Florin Vicas, Petitioner, v. Pamela Bondi, et al., Respondents. No. CV-26-01706-PHX-SPL (MTM) REPORT AND RECOMMENDATION TO THE HONORABLE STEVEN P. LOGAN, UNITED STATES DISTRICT JUDGE: Petitioner Florin Vicas, who is represented by counsel, has filed a Petition for Writ of Habeas Corpus Under § 2241. (Doc. 1.) I. SUMMARY OF CONCLUSION Petitioner is subject to detention pursuant to 8 U.S.C. § 1226(a) by the Department of Homeland Security Immigration and Customs Enforcement and has been detained since August 22, 2025. Petitioner requested a bond hearing. The bond was denied because the IJ found Petitioner a danger and a flight risk. Petitioner appealed the bond denial and the appeal remains pending. On October 23, 2025, the Board of Immigration Appeals (BIA) dismissed Petitioner’s direct appeal regarding his removal. Petitioner filed an appeal with the Ninth Circuit Court of Appeals that remains pending. On February 12, 2026, Petitioner requested a custody redetermination based on new evidence. His second bond request was denied. Petitioner appealed the IJ’s denial and the appeal remains pending. Petitioner Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 1 of 8
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 claims that his prolonged detention violates his Fifth Amendment rights to due process and seeks a bond hearing and release. However, because Petitioner has received two individualized bond determinations and he remains a danger and a flight risk, Petitioner is not constitutionally entitled to another bond hearing. The Court will recommend that the Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. II. BACKGROUND Petitioner entered the United States on or about March 7, 2002, with a B2 tourist visa. (Doc. 1 at 3.) On February 28, 2003, Petitioner was granted asylum by U.S. Citizenship and Immigration Services (“USCIS”). (Doc. 7-1, Exh. A.) On June 8, 2015, USCIS issued a Notice of Intent to Terminate Asylum Status due to evidence received by the USCIS indicating “fraud in [his] application such that [he was] not eligible for asylum at the time it was granted.” (Id.) Petitioner was subsequently issued a Notice to Appear charging him for obtaining asylum status by fraud under Immigration and Nationality Act (“INA”) § 237(a)(1)(B). (Doc. 1 at 3-4.) On April 9, 2020, the Immigration Court terminated Petitioner’s asylum status, sustained the charge of removability, denied relief, and ordered Petitioner removed to Romania. (Doc. 1 at 4.) Petitioner filed an appeal to the BIA. (Id.) On August 22, 2025, Petitioner was taken into U.S. Immigration and Customs Enforcement custody. (Id.) Petitioner received a bond hearing pursuant to INA § 236(a) on August 29, 2025, that was denied by an IJ due to a finding of both flight risk and danger.1 (Id.) Petitioner’s appeal of 1 The court’s August 29, 2025 reasoning for finding Petitioner a danger was based on the following: The Court’s primary concern is the Respondent’s criminal history in Romania. The Respondent was convicted of Deceit on May 24, 2013, under Article 215, Parts 1, 2, 3, and 5 of the Criminal Code of Romania, and was sentenced to eleven years of imprisonment. There is a Romanian Warrant for Enforcement of Custodial Sentence related to the Respondent’s conviction, singed by the presiding judge of the Criminal Court of Bihor County in Romania. The forensic report identifies a loss equaling $145,599.01 United States Dollars (USD) as of the date of the Respondent’s conviction. Based on Respondent’s criminal conviction and outstanding warrant, the Court Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 2 of 8
- 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that decision is pending before the BIA. (Id.) On October 23, 2025, the BIA dismissed Petitioner’s appeal of the removal order and affirmed the IJ’s decision. (Id.) Petitioner filed a petition for review with the Ninth Circuit Court of Appeals that same day. (Id.) On February 25, 2026, the IJ denied Petitioner’s second bond request finding the following: The Court finds the record insufficient to support a finding that there has been a material change in Respondent’s circumstances related to dangerousness. Nor does the record reflect a material change in the circumstances of Respondent’s flight risk, as the current posture of his removal proceedings does not provide him with a changed incentive to appear for future hearings; thus, such evidence does not further mitigate against his risk of flight. In other words, the danger and flight risk presented by Respondent remain unchanged. The Court therefore finds the record insufficient to demonstrate that Respondent’s circumstances have materially changed since his first custody hearing held on August 29, 2025, such that a second custody hearing is warranted. See 8 C.F.R. § 1003.19(e). The Court must therefore deny Respondent’s request for a second custody redetermination hearing and a change in custody status. (Doc. 7-2, Exh. B.) Petitioner’s appeal of that decision is pending before the BIA. (Doc. 1 at 5.) III. PETITIONER’S PETITION FOR WRIT OF HABEAS CORPUS In his Petition, Petitioner claims that his prolonged detention violates his Fifth Amendment rights to due process. Petitioner seeks an individualized bond hearing and release from custody. \\\ \\\ \\\ finds that the seriousness of Respondent’s criminal behavior reflects that he poses a danger to the community, as his past behavior is highly indicative of future dangerousness. (Doc. 7-2, Exh. B) (internal citations omitted). Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 3 of 8
- 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respondents filed a Response on April 12, 2026, and Petitioner filed a Reply on April 17, 2026. (Docs. 7, 8.) IV. DISCUSSION The district court is empowered to issue a writ of habeas corpus where an individual is held “in custody in violation of the Constitution or laws or treaties of the United States . . . .” 28 U.S.C. § 2241(c)(3). The language of § 2241 and “the common-law history of the writ” makes clear “that the essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475 484 (1973) (noting that the writ of habeas corpus “was early recognized by [the Supreme] Court as a ‘great constitutional privilege’”). The Supreme Court has made clear that § 2241 applies to noncitizens challenging their immigration detention. See Zadvydas v. Davis, 533 U.S. 678, 687-88 (2001). Because Petitioner challenges his prolonged civil detention, the Court has jurisdiction to address the instant Petition. See Lopez-Marroquin v. Barr, 955 F.3d 759, 759 (9th Cir. 2020) (“[D]istrict courts retain jurisdiction under 28 U.S.C. § 2241 to consider habeas challenges to immigration detention that are sufficiently independent of the merits of the removal order . . . .”). Section 1226(a) establishes the default framework governing discretionary immigration detention pending removal proceedings. Under that provision, DHS may arrest and detain a noncitizen and may release the individual on bond or conditional parole. 8 U.S.C. § 1226(a); Jennings v. Rodriguez, 583 U.S. 281, 288 (2018). Unlike other immigration detention statutes, § 1226(a) provides substantial procedural protections. Specifically, Section 1226(a) and its implementing regulations “provide several layers of review of the agency’s initial custody determination, an initial bond hearing before a neutral decisionmaker, the opportunity to be represented by counsel and to present evidence, the right to appeal, and the right to seek a new hearing when circumstances materially change.” Rodriguez Diaz v. Garland, 53 F.4th 1189, 1202-03 (9th Cir. 2022). Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 4 of 8
- 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 These multiple layers of review distinguish § 1226(a) from other detention provisions and significantly reduce the risk of erroneous detention. Although neither the Supreme Court nor the Ninth Circuit has definitively held that the balancing test announced in Mathews v. Eldridge, 424 U.S. 319 (1976), governs due process challenges to immigration detention, the Ninth Circuit has assumed, without deciding, its applicability in the § 1226(a) context. Rodriguez Diaz, 53 F.4th at 1206-07. Under Mathews, courts balance: (1) the private interest affected; (2) the risk of an erroneous deprivation under the procedures employed and the probable value of additional safeguards; and (3) the Government’s interest, including the burdens associated with additional procedures. 424 U.S. at 335. Applying the three-factor balancing test set forth in Mathews, the Court concludes that Petitioner’s continued detention does not violate the Due Process Clause and that an additional bond hearing is not constitutionally required at this time. As to the first factor, Petitioner’s private interest in freedom from physical restraint is unquestionably substantial. The Supreme Court has repeatedly recognized that freedom from imprisonment lies at the core of the liberty protected by the Due Process Clause, and the Ninth Circuit has similarly characterized this interest as “fundamental.” Hernandez v. Sessions, 872 F.3d 976, 993 (9th Cir. 2017). Petitioner has remained in ICE custody since August 22, 2025, and his detention has therefore extended for approximately ten months. The Court recognizes that prolonged detention weighs in Petitioner’s favor. However, the length of detention cannot be considered in isolation. Unlike detainees who have never received an individualized custody determination, Petitioner received an initial bond hearing shortly after entering ICE custody on August 29, 2025. Following a consideration of the evidence, the IJ determined that Petitioner presented both a danger to the community and a flight risk. Thereafter, Petitioner sought a second custody redetermination hearing that the IJ denied on February 25, 2026, after concluding that Petitioner failed to demonstrate a material change in circumstances as required by 8 C.F.R. § 1003.19(e). Specifically, the IJ found that neither Petitioner’s dangerousness nor his incentive to flee Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 5 of 8
- 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 had materially changed and that both grounds supporting continued detention remained intact. Although Petitioner’s liberty interest is significant, these relatively recent custody determinations diminish the weight of his claim that due process presently requires yet another hearing. The second Mathews factor – the risk of an erroneous deprivation of liberty and the probable value of additional procedural safeguards – also weighs in Respondents’ favor. Petitioner has not been detained without process. Rather, he received an individualized bond hearing within one week of entering ICE custody, during which an IJ considered whether he posed a danger and flight risk. When Petitioner later requested a second custody redetermination, the IJ again reviewed his circumstances and determined that no material change justified reopening the custody determination. Petitioner’s appeals of both custody decisions remain pending before the BIA, providing an additional layer of administrative review. Thus, the risk that Petitioner is being erroneously detained is substantially reduced because his detention and requests for release have been repeatedly considered. Moreover, beyond the existence of an approved I-130 petition and his petition for review currently pending before Ninth Circuit – factors that were both present during his second custody redetermination request – Petitioner has not identified any newly developed evidence or changed circumstances suggesting that another bond hearing would likely produce a different result. Consequently, the probable value of an additional hearing at this juncture is minimal. Finally, the third Mathews factor likewise favors Respondents. The Government possesses legitimate and compelling interests in ensuring Petitioner’s appearance at future immigration proceedings and protecting the public from individuals determined to pose a danger. Those interests are particularly strong here because on two separate occasions Petitioner has been found to present both a flight risk and a danger to the community. While the administrative burden of conducting an additional hearing may be relatively modest, the Government has already afforded Petitioner the procedural protections provided under INA § 236(a), including an individualized bond hearing and consideration of a subsequent Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 6 of 8
- 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 request for custody redetermination. Requiring successive bond hearings absent a material change in circumstances would diminish and undermine the finality of prior custody determinations. Under these circumstances, the Government’s interests remain significant. Balancing the Mathews factors, the Court concludes that Petitioner’s continued detention does not violate due process. Although Petitioner’s liberty interest is substantial and the duration of his detention is not insignificant, he has already received the process constitutionally due through an individualized bond hearing, a subsequent custody redetermination request, and ongoing administrative review. V. CONCLUSION Based on the above analysis, the Court finds that Petitioner is not constitutionally entitled to another bond hearing at this point. The Court will recommend that the Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. Accordingly, IT IS THEREFORE RECOMMENDED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court’s judgment. The parties shall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge’s Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party’s right to appellate review of the Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 7 of 8
- 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 findings of fact in an order of judgment entered pursuant to the Magistrate Judge’s Report and Recommendation. See Fed. R. Civ. P. 72. Dated this 29th day of June, 2026. Case 2:26-cv-01706-SPL Document 9 Filed 06/29/26 Page 8 of 8
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