Case Name in Immigration Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BOBIR KHODJAEV, 	:
:
Petitioner,
v.
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:
:
:
PETITION FOR
WRIT OF HABEAS
CORPUS
: 	No. 26-cv-69
MICHAEL ROSE, Field
Office Director of
Enforcement and Removal
Operations, Philadelphia
Field Office, Immigration
and Customs Enforcement
et al.,
Respondents.
:
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:
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:
:
ORDER
AND NOW, this 9th day of January, 2026, upon consideration of
Mr. Khodjaev’s Petition for Writ of Habeas Corpus (ECF No. 1), and for
the reasons stated in the accompanying Memorandum, it is ORDERED
that the Petition is GRANTED as follows:
1. Mr. Khodjaev is not subject to mandatory detention under 8
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U.S.C. § 1225(b)(2), and is instead subject to detention, if at all,
pursuant to the discretionary provisions of 8 U.S.C. § 1226(a);
2. The Government shall RELEASE Mr. Khodjaev from custody
immediately and certify compliance with the Court’s Order by
filing an entry on the docket no later than 12:00 p.m. ET on
January 16, 2026;
3. The Government is temporarily enjoined from re-detaining Mr.
Khodjaev for seven days following his release from custody;
4. If the Government chooses to pursue re-detention of Mr.
Khodjaev after that seven-day period, it must first provide him
with a bond hearing where an Immigration Judge shall determine
whether detention is warranted pending the resolution of his
removal proceedings; and
5. Pending the ordered bond hearing, the Government cannot
remove, transfer, or otherwise facilitate the removal of Mr.
Khodjaev from the Commonwealth of Pennsylvania. If the
Immigration Judge determines that Mr. Khodjaev is subject to
detention under 8 U.S.C. § 1226(a), the Government may request
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permission from me to move Mr. Khodjaev if unforeseen or
emergency circumstances arise that require him to be removed.
Any such request must include an explanation for the request as
well as a proposed destination. 	The Court will then determine
whether to grant the request and permit transfer of Mr. Khodjaev.
The Clerk of Court shall mark this case closed.
_s/ANITA B. BRODY, J.
ANITA B. BRODY, J.
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