OPINION AND ORDER For approximately fourteen months, Elmer Moscoso has been in the custody of U.S. Immigration and Customs Enforcement (“ICE”). He petitions for a writ of habeas corpus pursuant to 28 U.S.C. §2241 challenging his detention under 8 U.S.C. §1226(a). The petition principally alleges that he has been denied his Fifth Amendment due process right to a bond hearing before an immigration judge where the government would bear burden of proving by clear-and-convincing evidence that he was a danger to the community or a flight risk. Moscoso’s removal order became administratively final in December 2022. Unless the Second Circuit issues a stay of his removal, his detention is currently authorized under 8 U.S.C. §1231(a), the portion of the statute that governs detention of noncitizens who have administratively final removal orders and who have entered the removal period. Examined under section 1231(a), the government asserts that the Court would not have the judicial authority to grant the petition at this juncture. If a stay of removal does issue, however, the authority for his detention reverts to section 1226(a). Viewed through the lens of section 1226(a), Moscoso’s petition has possible merit. As of the date of this order, the Circuit has not stayed Moscoso’s removal, and his detention is therefore governed by section 1231(a). Consequently, the court is not currently positioned to address the merits of the petition regarding detention under section 1226(a). Nevertheless, the Court rejects the argument of the government that the petition is moot. Moscoso has filed a motion requesting a stay of removal from the Second Circuit, and the parties agree that it is possible a stay may issue. Indeed, the government advised the Court by letter of February 10, 2023, that it has requested expedited decision on the stay motion. (Dkt. 34) Moscoso’s petition to this Court will be stayed for the earliest of 30 days from this Opinion and Order or five days after a ruling by the Second Circuit on his application for a stay of removal. BACKGROUND As relevant here, on November 8, 2021, ICE arrested Moscoso and initiated removal proceedings against him. (Dkt. 1
19, 23) (“Petition” or “Pet.”) On March 4, 2022, the immigration judge held a hearing on Moscoso’s application for relief from removal. (Pet. 34) In an order of March 30, 2022, the immigration judge denied the request and ordered Moscoso removed. (Dkt. 16) Moscoso timely appealed the decision to the Board of Immigration Appeals (“BIA”), but briefing on this appeal was suspended for approximately two months because the transcript of the merits hearing could not be located. (Pet.
