Summary
The United States District Court for the Northern District of Indiana grants Boris Selioutsky’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. Applying Zadvydas v. Davis, the court concludes that the government failed to show a significant likelihood that his removal to Russia would occur in the reasonably foreseeable future. The court orders his release under the conditions of supervised release that existed before his re-detention.
Court
United States District Court for the Northern District of Indiana
Jurisdiction
United States District Court for the Northern District of Indiana
Decision date
May 4, 2026
Docket number
No. 3:26cv307 DRL-SJF
Disposition
writ_granted
Questions Presented
- Whether the district court had subject matter jurisdiction under 28 U.S.C. § 2241 to review Selioutsky's post-removal-order detention despite 8 U.S.C. §§ 1252(g) and 1252(b)(9).
- Whether Selioutsky's continued detention under 8 U.S.C. § 1231(a)(6) exceeded the period reasonably necessary to secure his removal under Zadvydas v. Davis.
- Whether the government's representation that it was working to obtain Russian travel documents rebutted Selioutsky's showing that there was no significant likelihood of removal in the reasonably foreseeable future.
Holdings
- The district court had jurisdiction under § 2241 to review Selioutsky's post-removal-order immigration detention.
- Detention of a present-but-ordered-removed noncitizen under § 1231(a)(6) is limited to the period reasonably necessary to effectuate removal and is not authorized once removal is no longer reasonably foreseeable.
- After a detained noncitizen has been held beyond six months and provides good reason to believe that removal is not significantly likely in the reasonably foreseeable future, the government must rebut that showing with sufficient evidence.
- Selioutsky was entitled to release under Zadvydas because the government failed to demonstrate a significant likelihood that his removal to Russia would occur in the reasonably foreseeable future.
Court Document
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