Hasan Bagator v. Michael T. Rose, in his official capacity as Field Office Director of the ICE Philadelphia Field Office, et al.

Summary

The United States District Court for the Western District of Pennsylvania granted Hasan Bagator’s 28 U.S.C. § 2241 petition insofar as it sought an individualized bond hearing under 8 U.S.C. § 1226(a). The court overruled the respondents’ objections, directed that a bond hearing be conducted by April 27, 2026, and ordered release if the hearing was not provided or was denied on specified mandatory-detention grounds.

Holdings

1. Petitioner was eligible for an individualized bond hearing under 8 U.S.C. § 1226(a), and the petition was granted to the extent it sought that hearing.
2. Respondents' objections were overruled because they did not establish a basis to reject the magistrate judge's recommendation.
3. Respondents were ordered to provide Petitioner with the statutory process under § 1226(a), including a bond hearing before an immigration judge by April 27, 2026; failure to provide the hearing, or refusal to conduct it based on Matter of Yajure Hurtado or Matter of Q. Li, would require immediate release.

Questions Presented

1. Whether Petitioner was eligible for an individualized bond hearing under 8 U.S.C. § 1226(a).
2. Whether Respondents' objections to the magistrate judge's recommendation should be sustained.
3. What relief should issue if the Government failed to provide the required bond hearing or relied on cited immigration decisions to deny a hearing.

Disposition

writ_granted