1:26-cv-02680•Efremov v. Dunbar et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ SERGEI EFREMOV, Petitioner, v. ANGELA DUNBAR et al., Respondents. ____________________________/ Case No. 1:26-cv-2680 Honorable Robert J. Jonker OPINION Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee, initiated this action by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Pet., ECF No. 1.) For the following reasons, the Court will conditionally grant the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Discussion I. Procedural History The habeas petition challenges the lawfulness of Petitioner’s current detention and asks the Court to, inter alia, issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241 either ordering Respondents to release Petitioner or ordering Respondents to conduct a bond hearing to satisfy the requirements of due process. (Pet., ECF No. 1, PageID.17.) In an order entered on September 28, 2026, the Court directed Respondents to show cause, within three business days, why the writ of habeas corpus and other relief requested by Petitioner should not be granted. (Order, ECF No. 4.) Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 1 of 6
2 Respondents filed their response on October 1, 2026. (ECF No. 5.) On October 9, 2026, Petitioner filed a reply. (ECF No. 7.)1 II. Relevant Factual Background Petitioner is a native and citizen of Russia. (Pet., ECF No. 1, PageID.2.) Petitioner entered the United States at a port of entry on July 4, 2024, after making a CBP One appointment. (2026 I-213, ECF No. 5-1, PageID.73.) ICE initially issued Petitioner a Notice and Order of Expedited Removal on July 6, 2024. (Notice and Order of Expedited Removal, ECF No. 5-3, PageID.82.) Thereafter, following a determination of credible fear of persecution by an asylum officer, Petitioner was issued a Form I-862, Notice to Appear, charging Petitioner with inadmissibility, which placed Petitioner in standard, non-expedited removal proceedings under § 240 of the INA.2 (See 2026 Form I-213, ECF No. 5-1, PageID.73; Resp., ECF No. 5, PageID.56.) Petitioner was then paroled into the United States until July 3, 2025, and Petitioner has remained in the United States since that time. (I-94, ECF No. 5-4.) On or about July 6, 2026, Petitioner was detained by ICE. (Pet., ECF No. 1, PageID.8.)3 1 Petitioner filed a motion to accept the late-filed reply. (Mot., ECF No. 6.) The Court grants Petitioner’s motion and considers the reply to be filed in the case. 2 The Court notes that, in this case, Respondents do not argue that Petitioner’s detention continues to be governed by § 1225 because he was originally in expedited removal proceedings before he was placed in regular, non-expedited removal proceedings. Respondents have raised this argument in many other cases before the Court, and if they had presented that argument here, for the same reasons set forth in Betancourth-Martell v. Mullin, No. 1:26-cv-1255, 2026 WL 1532967 (W.D. Mich. June 1, 2026), the Court would conclude that § 1226(a), not § 1225(b)(2)(A), governs Petitioner’s detention. See also, e.g., Vettah v. Raycraft, No. 1:26-cv-1735, 2026 WL 1945090, at *2–3 (W.D. Mich. July 6, 2026); Vega-Duno v. Raycraft, No. 1:26-cv-1570, 2026 WL 1593320, at *1 & n.2 (W.D. Mich. June 4, 2026); Espinoza Ramirez v. Unknown Party, No. 1:26-cv-1505, 2026 WL 1551778, at *1 & n.3 (W.D. Mich. June 2, 2026); Morales Morales v. U.S. Dep’t of Homeland Sec., No. 1:26-cv-714, 2026 WL 972715, at *2–3 (W.D. Mich. Apr. 10, 2026); Hernandez Montiel v. Raycraft, No. 1:25-cv-1610, 2026 WL 32076 (W.D. Mich. Jan. 6, 2026). 3 The materials submitted by the parties do not suggest that Petitioner is subject to a final order of removal or that Petitioner is subject to detention under 8 U.S.C. § 1226(c). Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 2 of 6
3 Respondents have not provided Petitioner an individualized bond hearing before an immigration judge as contemplated by 8 U.S.C. § 1226(a). III. Habeas Corpus Legal Standard The Constitution guarantees that the writ of habeas corpus is “available to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art I, § 9, cl. 2). Section 2241 of Title 28 confers upon the federal courts the power to issue writs of habeas corpus to persons “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241. This includes challenges by non-citizens in immigration- related matters. See Zadvydas v. Davis, 533 U.S. 678, 687 (2001); see also A. A. R. P. v. Trump, 145 S. Ct. 1364, 1367 (2025). IV. Merits Discussion A. Statutory Basis for Petitioner’s Detention Based on the facts presented by the parties, and the reasoning of the Sixth Circuit Court of Appeals in Lopez-Campos v. Raycraft, 175 F.4th 713 (6th Cir. 2026), the Court concludes that § 1226(a), not § 1225(b)(2)(A), governs Petitioner’s detention.4 B. Fifth Amendment Due Process Considerations The Fifth Amendment guarantees that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law.” U.S. Const. amend. V. In Lopez-Campos, the Sixth Circuit Court of Appeals explained: Noncitizens who have “passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.” Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 212 (1953); see also Yamataya v. Fisher, 189 U.S. 86, 100–01 (1903). Thus, noncitizens within the interior of the United States are entitled to the protections of 4 Additionally, for the same reasons set forth in Hernandez Montiel v. Raycraft, No. 1:25-cv-1610, 2026 WL 32076 (W.D. Mich. Jan. 6, 2026), the Court disagrees with Respondents’ argument that Petitioner’s detention is governed by § 1225 due to his manner of entry into the United States. Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 3 of 6
4 the Due Process Clause, “whether their presence here is lawful, unlawful, temporary, or permanent.” Zadvydas v. Davis, 533 U.S. 678, 693 (2001). “It is well established that the Fifth Amendment entitles aliens to due process of law in [removal] proceedings.” Reno v. Flores, 507 U.S. 292, 306 (1993); see also Demore v. Kim, 538 U.S. 510, 523 (2003). Consequently, the government may not deny “notice” or “an opportunity to be heard” to a noncitizen “who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.” Yamataya, 189 U.S. at 100–01. Lopez-Campos, 175 F.4th at 732. The Sixth Circuit therefore upheld the lower courts’ determinations that the government’s detention of the Lopez-Campos petitioners “without bond under § 1226(a) was a deprivation of liberty that violated [their] due process rights.” Id. at 734. Petitioner is likewise detained under § 1226(a) and has been denied an individualized bond hearing. Therefore, the Court concludes that Petitioner’s current detention under the mandatory detention framework set forth in § 1225(b)(2)(A) violates Petitioner’s Fifth Amendment due process rights. See id.; see also Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *6–8 (W.D. Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *7–8 (W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *7–9 (W.D. Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025 WL 3558128, at *6–8 (W.D. Mich. Dec. 12, 2025). V. Other Claims and Other Forms of Relief Because the Court will conditionally grant Petitioner’s § 2241 petition as set forth herein, the Court does not address other claims and other requested relief in Petitioner’s § 2241 petition. VI. Proper Respondents Respondents argue that the Detroit ICE Field Office Director is the only proper Respondent in this action. They seek the dismissal of the other named Respondents. The Court concludes that the ICE Detroit Field Office Director is not the only proper Respondent for the reasons set forth in the Court’s analysis of the same argument in each of the following cases: Antele Cobix v. Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 4 of 6
5 Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *8–9 (W.D. Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *8–9 (W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577, at *9–10 (W.D. Mich. Dec. 12, 2025); Penagos Robles v. U.S. Dep’t of Homeland Sec., No. 1:25-cv-1578, 2025 WL 3558128, at *9–10 (W.D. Mich. Dec. 12, 2025). To ensure that this Court’s orders regarding habeas relief will bind at least one Respondent with authority to act in the event that Petitioner is transferred outside the area under the authority of the ICE Detroit Field Office, the Court will retain all of the remaining Respondents. Conclusion For the reasons discussed above, the Court will enter a judgment conditionally granting Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court will order Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within five business days of the date of this Court’s opinion and judgment with notice to the Parties as soon as practicable, no later than 24 hours prior to the scheduled hearing, or, in the alternative, immediately release Petitioner from custody.5 The Court will also order Respondents to file a status report within six business days of the date of this Court’s opinion and judgment to certify compliance with this opinion and the corresponding judgment. The status report shall include if 5 This Court has adopted a standard practice of requiring such a hearing within five business days, even if the Petitioner requests a deadline that is shorter or longer or only release. Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 5 of 6
6 and when the bond hearing occurred, if bond was granted or denied, and if bond was granted, the conditions of the bond, or if bond was denied, the reasons for the denial. Dated: Robert J. Jonker United States District Judge October 13, 2026 /s/ Robert J. Jonker Case 1:26-cv-02680-RJJ-RSK ECF No. 8, PageID.<pageID> Filed 10/13/26 Page 6 of 6
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