Abdelmalak v. Ladwig, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KIROLESS SAMIR HABIB
ABDELMALAK,
Petitioner,
v.
MARKWAYNE MULLIN, et al.,
Respondents.
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Case No. 3:26-cv-01366
Judge Aleta A. Trauger
MEMORANDUM & ORDER
The court held a hearing on October 9, 2026 on the Petition for a Writ of Habeas Corpus
(Doc. No. 1) filed by Kiroless Samir Habib Abdelmalak (the “Petitioner”) and the Temporary
Restraining Order entered by the court on September 25, 2026. (Doc. No. 5.) During the hearing,
the respondents (collectively, the “Government”) conceded that the Petitioner’s detention was
governed by the discretionary detention framework of 8 U.S.C. § 1226(a). However, the record
establishes that the Government failed to provide the Petitioner with an individualized, pre-
deprivation bond hearing to challenge his detention, as required by § 1226(a) and the Sixth
Circuit’s binding decision in Lopez-Campos v. Raycraft, 175 F.4th 713 (6th Cir. 2026). Thus, the
Petitioner is being unlawfully detained by the Government. The Petition is therefore GRANTED.
The court DECLARES that (1) the Petitioner is subject to 8 U.S.C. § 1226(a)’s
discretionary detention framework; and (2) the Petitioner’s continued detention under 8 U.S.C. §
1225(b)’s mandatory detention framework is unlawful. The Government is PERMANENTLY
ENJOINED from re-detaining the Petitioner under 8 U.S.C. § 1226(a) absent providing the
Petitioner with an individualized, pre-deprivation hearing that comports with all relevant statutory
and constitutional requirements.
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The Government is ORDERED to immediately release Petitioner from custody without
any restraints imposed on the Petitioner’s liberty that did not otherwise exist before his detention
on September 18, 2026. The Petitioner’s release SHALL occur (i) in no case later than 2:00 p.m.
Central Time on Saturday, October 10, 2026; and (iii) with all possessions, property, and
documents that Petitioner had at the time he was taken into custody. The Government is
FURTHER ORDERED to file a Status Report with the court no later than 1 p.m. CST on October
13, 2026 to certify compliance with this Order.
The Petitioner’s request for attorneys’ fees and costs under the Equal Access to Justice Act
(“EAJA”), as amended, 28 U.S.C. § 2412, must be made by a separate motion.
It is so ORDERED.
ALETA A. TRAUGER
United States District Judge
Case 3:26-cv-01366 Document 11 Filed 10/09/26 Page 2 of 2 PageID #: <pageID>