Javokhir Islomov v. Jim Arnott, et al.

Summary

The United States District Court for the Western District of Missouri grants Javokhir Islomov’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that the petitioner’s parole was revoked and detention imposed without constitutionally adequate notice, a hearing, or individualized justification, and orders his immediate release. The court also enjoins respondents from relocating him outside the court’s jurisdiction before complying with the order and permits an application for attorneys’ fees under the EAJA.

Holdings

1. The court had jurisdiction under § 2241 because Islomov challenged the lawfulness of his detention, not a statute, regulation, written policy, removal order, or removal process subject to the cited jurisdiction-stripping provisions.
2. The government violated Islomov's procedural due process rights by revoking his parole and detaining him without prior written notice, a sufficient change in circumstances, or individualized legal justification for the detention.
3. A temporary restraining order was appropriate to prevent respondents from relocating Islomov outside the district before complying with the habeas order.
4. Islomov may pursue reasonable attorney fees and costs under the EAJA by submitting an application within thirty days of final judgment, subject to the statute's eligibility requirements.

Questions Presented

1. Whether 8 U.S.C. §§ 1252(e)(3), 1252(g), or 1252(b)(9) deprived the district court of jurisdiction over Islomov's § 2241 challenge to his detention.
2. Whether terminating Islomov's parole and detaining him without prior written notice, a sufficient change in circumstances, or individualized legal justification violated procedural due process.
3. Whether the court should issue temporary injunctive relief prohibiting respondents from relocating Islomov outside the district before complying with the order.
4. Whether Islomov could pursue attorney fees and costs under the Equal Access to Justice Act.

Disposition

writ_granted