Shokyrzhon Molobayev v. Brian English

Summary

The court conditionally granted Shokyrzhon Molobayev’s 28 U.S.C. § 2241 petition challenging his immigration detention without a bond hearing. It held that the mandatory-detention provision of 8 U.S.C. § 1225(b)(2) did not apply to him because he was arrested in the interior of the United States years after his arrival, and that detention was instead governed by 8 U.S.C. § 1226(a). The court ordered the government to provide an individualized bond hearing or release him by April 28, 2026.

Holdings

1. The mandatory-detention provision in 8 U.S.C. § 1225(b)(2) does not apply to individuals like Molobayev who are arrested within the United States years after their arrival.
2. Because Molobayev was detained under § 1226(a), he was entitled to a prompt individualized bond hearing under that statute and its implementing regulations.
3. The appropriate remedy was an order requiring a prompt individualized bond hearing, rather than immediate outright release; however, Molobayev had to be released if the government failed to provide the hearing.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2) mandates detention of a noncitizen who entered without inspection but was arrested in the interior of the United States years after arrival.
2. Whether Molobayev was entitled to an individualized bond hearing under 8 U.S.C. § 1226(a).
3. Whether the court should order outright release or instead require the government to provide a bond hearing.

Disposition

writ_granted