Seleznev v. Mullin

Summary

The United States District Court for the Eastern District of Virginia grants Aleksei Seleznev’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court concludes that Respondents violated Seleznev’s statutory and Fifth Amendment due process rights by revoking his humanitarian parole and detaining him without determining whether the purposes of parole had been served or providing notice and an opportunity to be heard. The court orders his immediate release and directs Respondents to conduct a hearing regarding the purposes of his parole.

Holdings

1. Respondents violated Petitioner's due process rights under both the INA statutory scheme and the Fifth Amendment's Mathews v. Eldridge framework by revoking his humanitarian parole without any determination that the purposes of the parole had been served, especially where his asylum application remained pending.
2. The appropriate remedy for the due process violation is immediate release of the petitioner.

Questions Presented

1. Whether Petitioner's detention violates his due process rights under the Fifth Amendment, given the revocation of his humanitarian parole while his asylum application remains pending.
2. Whether the appropriate remedy for the due process violation is immediate release.

Disposition

granted