Boilil v. Raycraft

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
MOUSSA BOILIL,
Petitioner,
v.
KEVIN RAYCRAFT,
Respondent.
____________________________/
Case No. 1:26-cv-687
Honorable Paul L. Maloney
OPINION
Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee currently
detained at the North Lake Processing Center located in Baldwin, Lake County, Michigan, initiated
this action by filing a pro se 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 Petitioner’s petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
Discussion
I. 	Procedural History
In Petitioner’s § 2241 petition, Petitioner challenges the lawfulness of his current detention
and asks the Court to, inter alia, issue a writ of habeas corpus pursuant to 28 U.S.C. § 2241
ordering Respondent to release Petitioner. (Pet., ECF No. 1, PageID.8.)
In an order entered on March 10, 2026, the Court directed Respondent 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. 3.) Respondent filed his response on March 12, 2026,
(ECF No. 4), and Petitioner filed his reply on March 24, 2026, (ECF No. 6).
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II. 	Factual Background
Petitioner is a native and citizen of Mauritania. (Notice to Appear (NTA), ECF No. 4-2,
PageID.58.) Petitioner entered the United States on or about June 22, 2023, at or near Lukeville,
Arizona, without inspection. (Id.) After Petitioner entered the United States, Department of
Homeland Security (DHS) agents encountered Petitioner, and at that time, DHS issued Petitioner
a Form I-862, NTA, charging Petitioner with inadmissibility under § 212(a)(6)(A)(i) of the
Immigration and Nationality Act (INA) because Petitioner is an immigrant “present in the United
States without being admitted or paroled, or who arrived in the United States at any time or place
other than as designated by the Attorney General.” (Id.; 2023 Form I-213, ECF No. 4-1, PageID.54,
55.) DHS then released Petitioner into the United States on his own recognizance “[i]n accordance
with section 236 of the [INA],” which is codified at 8 U.S.C. § 1226. (Order Release Recognizance,
ECF No. 4-3, PageID.62.)
On October 17, 2025, local police officers in Ohio arrested Petitioner on a charge of
domestic violence. (2025 Form I-213, ECF No. 4-4, PageID.69.) ICE agents were notified of
Petitioner’s arrest, and ICE agents took Petitioner into custody on November 14, 2025. (Id.) There
is no indication in the record before the Court that Petitioner is currently scheduled for a hearing
in Immigration Court.
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 the federal courts with 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-
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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. 	Exhaustion
Respondent argues that the Court should deny Petitioner’s request for habeas corpus relief
because Petitioner has not exhausted his administrative remedies. Specifically, Respondent argues
that Petitioner should pursue a bond hearing and, if necessary, appeal any unfavorable decision to
the Board of Immigration Appeals.
The Court declines to enforce the doctrine of prudential exhaustion against Petitioner, and
even if the Court were to conclude that exhaustion is warranted, the Court concludes in the
alternative that waiver of exhaustion is appropriate, for the reasons set forth in the Court’s
exhaustion analysis in each of the following cases: Antele Cobix v. Raycraft, No. 1:25-cv-1669,
2025 WL 3562651, at *2–3 (W.D. Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-
1528, 2025 WL 3562638, at *2–4 (W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-
cv-1442, 2025 WL 3562577, at *2–4 (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 *2–3 (W.D. Mich. Dec. 12, 2025).
Accordingly, the Court will proceed to address the merits of Petitioner’s § 2241 petition.
V. 	Merits Discussion
A. 	Statutory Basis for Petitioner’s Detention
Petitioner contends that Respondent has violated the INA by concluding that Petitioner is
detained pursuant to the mandatory detention provisions set forth in 8 U.S.C. § 1225(b)(2).
Respondent contends that Petitioner meets every element for detention under § 1225(b)(2), and
that the statute’s structure and history support Respondent’s interpretation.
The Court concludes that § 1226(a), not § 1225(b)(2)(A), governs noncitizens, such as
Petitioner, who have resided in the United States and were already within the United States when
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apprehended and arrested for the reasons set forth in the Court’s statutory analysis in each of the
following cases: Antele Cobix v. Raycraft, No. 1:25-cv-1669, 2025 WL 3562651, at *3–6 (W.D.
Mich. Dec. 12, 2025); Candela Bastidas v. Noem, No. 1:25-cv-1528, 2025 WL 3562638, at *4–6
(W.D. Mich. Dec. 12, 2025); Acuna Sanchez v. Noem, No. 1:25-cv-1442, 2025 WL 3562577,
at *4–7 (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 *3–6 (W.D. Mich. Dec. 12, 2025).1
B. 	Fifth Amendment Due Process Considerations
Petitioner also argues that his detention violates the Fifth Amendment’s Due Process
Clause. Respondent asserts that Petitioner has received due process and states that Petitioner has
received notice of the charges against him, has access to counsel, may attend hearings with an
immigration judge, has the right to appeal the denial of any request for bond, and has been detained
by ICE for a relatively short period of time.
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
for the reasons set forth in the Court’s constitutional analysis in each of the following cases:
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).
1 The Court is aware of Buenrostro-Mendez v. Bondi, 166 F.4th 494 (5th Cir. 2026), which was
recently issued by the United States Court of Appeals for the Fifth Circuit, and Avila v. Bondi,
No. 25-3248, --- F.4th ----, 2026 WL 819258 (8th Cir. Mar. 25, 2026), which was recently issued
by the United States Court of Appeals for the Eighth Circuit. At this time, these non-binding cases
do not change the Court’s analysis.
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VI. 	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.
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. (ECF No. 1.) The
Court will order Respondent 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.2 The Court will also order Respondent 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
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: 	March 27, 2026 	/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
2 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.
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