NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 18-2503 ________________ NELSON QUINTEROS, Appellant v. WARDEN PIKE COUNTY CORRECTIONAL FACILITY ________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil No. 4-17-cv-00290) District Judge: Honorable Matthew W. Brann ________________ ARGUED: February 7, 2019 Before: HARDIMAN, SCIRICA, and RENDELL, Circuit Judges (Filed: August 29, 2019) Heidi R. Freese Federal Public Defender Quin M. Sorenson [ARGUED] Asst. Federal Public Defender Office of Federal Public Defender 100 Chestnut Street Suite 306 Harrisburg, PA 17101 Counsel for Appellant Timothy S. Judge Office of United States Attorney 235 North Washington Avenue P.O. Box 309, Suite 311 Scranton, PA 18503 Joseph H. Hunt Assistant Attorney General William C. Peachey Director District Court Section Gisela A. Westwater Assistant Director District Court Section Jessica D’Arrigo Senior Litigation Counsel Gladys M. Steffens Guzman [ARGUED] Trial Attorney United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Appellee ________________ OPINION * ________________ SCIRICA, Circuit Judge After Nelson Quinteros, a citizen of El Salvador, served a prison sentence for a felony conviction, the Government initiated immigration removal proceedings against him. During removal proceedings, Quinteros was subject to mandatory detention under 8 U.S.C. § 1226(c), which requires detention of a criminal alien in Quinteros’ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 circumstances. Quinteros’ removal case was complex, and Quinteros stayed in immigration detention for over two years while it remained unresolved. At that point, Quinteros received an administrative bond hearing, which gave him the opportunity to argue for his release while proceedings continued. The Immigration Judge (IJ), after considering evidence of Quinteros’ criminal acts and more recent circumstances, denied Quinteros’ request for release, resulting in his continued detention for over two more years. Quinteros now petitions for habeas corpus, challenging the sufficiency of the bond hearing he received. Because Quinteros’ hearing complied with constitutional due process requirements and we lack jurisdiction to otherwise review the IJ’s “discretionary judgment regarding” the denial of a bond under § 1226(c), 8 U.S.C. § 1226(e), we will affirm the District Court’s denial of Quinteros’ petition. I. Nelson Quinteros entered the United States in 2001 at age 9. He and his family were briefly detained, but then received temporary protected status. In 2013, at age 18, Quinteros was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering. Quinteros had become involved with the MS-13 gang, and gang members including Quinteros planned an assault on another gang that was subsequently called off. Quinteros received a 30-month sentence and was released several months early for good behavior after distancing himself from the gang. Upon Quinteros’ release, the Government initiated removal proceedings against him and detained him as a criminal alien under 8 U.S.C. § 1226(c). The legal issues surrounding Quinteros’ removal and potential eligibility for relief from removal ...
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