Hussain v. Raycraft, et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
SAROWAR HUSSAIN,
Petitioner,
v.
KEVIN RAYCRAFT et al.,
Respondents.
____________________________/
Case No. 1:26-cv-709
Honorable Jane M. Beckering
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 counseled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
(Pet., ECF No. 1.) For the following reasons, the Court will deny Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
I. 	Procedural History
In Petitioner’s § 2241 petition, Petitioner challenges the constitutionality of his current
detention following an order issued by the Detroit Immigration Court denying him bond, and asks
the Court to, inter alia, issue a writ of habeas corpus ordering Respondents to immediately release
Petitioner. (Pet., ECF No. 1, PageID.18.)
In an Order entered on March 6, 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.) Respondents filed their response on March 11, 2026
(ECF No. 6), and Petitioner filed his reply on March 23, 2026 (ECF No. 7).
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II. 	Relevant Factual Background
Petitioner is a citizen of Bangladesh who entered the United States in 2021. Op., Hussain
v. Raycraft (Hussain I), No. 1:26-cv-515 (W.D. Mich. Feb. 26, 2026) (ECF No. 5). On January 29,
2026, Petitioner was arrested by ICE agents. Id.
On February 15, 2026, Petitioner filed a § 2241 petition challenging his initial detention
without a bond hearing in Hussain I. In Hussain I, the Court conditionally granted Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, ordering Respondents to provide
Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within five business days of the date of
the Court’s Opinion and Judgment or, in the alternative, immediately release Petitioner from
custody. Op. & Jud., Hussain I, (W.D. Mich. Feb. 26, 2026), (ECF Nos. 5, 6).
On March 2, 2026, Petitioner received a bond hearing pursuant to § 1226(a). (Pet., ECF
No. 1, PageID.4.) At that hearing, Petitioner submitted 104 pages of evidence in support of his
request for bond, while the Government relied solely on the I-213 form. (Id.) At the conclusion of
the March 2, 2026, hearing, in a written order, the Immigration Judge denied Petitioner’s request
for bond, stating: “Flight risk.” (Immigration Judge Order, ECF No. 6-1, PageID.57.)
III. 	Discussion
In Petitioner’s § 2241 petition, Petitioner argues that the Immigration Judge did not apply
the constitutionally required burden of proof at Petitioner’s § 1226(a) bond hearing on March 2,
2026. Specifically, Petitioner argues that the Immigration Judge failed to require the government
to demonstrate dangerousness or flight risk by clear and convincing evidence. See Soto-Medina v.
Lynch, No. 1:25-cv-1704, --- F. Supp. 3d ----, 2026 WL 161002, at *2 (W.D. Mich. Jan. 21, 2026)
(addressing the constitutionally required burden of proof).
Based on the record before the Court at this time, including the recording of the § 1226(a)
bond hearing, there is no indication in the record that the Immigration Judge applied an
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unconstitutional burden of proof at the bond hearing. Under these circumstances, the Court will
deny Petitioner’s § 2241 petition without prejudice.
Conclusion
For the reasons discussed above, the Court will enter a Judgment denying Petitioner’s
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 without prejudice.
Dated: 	March 25, 2026 	/s/ Jane M. Beckering
Jane M. Beckering
United States District Judge
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