Fofana v. Mullin et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
MOHAMED FOFANA,
Petitioner,
v.
MARKWAYNE MULLIN et al.,
Respondents.
____________________________/
Case No. 1:26-cv-1260
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 a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
(Pet., ECF No. 1.) The Court grants Petitioner leave to proceed in forma pauperis. 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, he 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 pursuant to 28 U.S.C. § 2241 ordering Respondents to
release Petitioner or provide Petitioner with a bond hearing where the government bears the burden
of proof by clear and convincing evidence that Petitioner is a flight risk or danger to the
community. (Pet., ECF No. 1, PageID.22.)
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In an Order entered on April 21, 2026, the Court directed Respondents to show cause,
within three business days, why the writ of habeas corpus should not be granted. (Order, ECF
No. 4.) Respondents filed their response on April 29, 2026, (Resp., ECF No. 6),1 and Petitioner
filed his reply later that same day, (ECF No. 6).
II. 	Relevant Factual Background
Petitioner is a citizen of Guinea who entered the United States in 2024. (Pet., ECF No. 1,
PageID.5.) On January 21, 2026, ICE detained Petitioner when he appeared for a scheduled ICE
check-in appointment. (Id.)
On February 19, 2026, the Detroit Immigration Court held a bond hearing pursuant to
§ 1226(a) for Petitioner. (Feb. 19, 2026, Order Immigration Judge, ECF No. 5-8.) At the
conclusion of the hearing, the Immigration Judge denied Petitioner’s request for bond because
Petitioner “failed to meet his burden of proof to support the likelihood of success on his application
and has failed to meet his burden to establish he is not a flight risk.” (Id., PageID.94.)
III. 	Analysis
Respondents argue that the Court should deny Petitioner’s § 2241 petition due to a lack of
jurisdiction and Petitioner’s failure to exhaust Petitioner’s administrative remedies, as well as on
the merits. The Court has fully addressed these issues and Respondents’ arguments in Soto-Medina
v. Lynch, No. 1:25-cv-1704, --- F. Supp. 3d ----, 2026 WL 161002, at *2 (W.D. Mich. Jan. 21,
2026). Therefore, for the reasons set forth in Soto-Medina, the Court will conditionally grant
Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
1 Contrary to the Court’s order in the Show Cause Order entered on April 21, 2026, Respondents
failed to submit a recording or transcript of the February 19, 2026, bond hearing in Immigration
Court.
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IV. 	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
The Court will order Respondents to provide Petitioner with an individualized bond
hearing before an immigration judge, at which time the government will have the burden to
demonstrate dangerousness or flight risk by clear and convincing evidence, within five business
days and 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. 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 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: 	May 13, 2026 	/s/ Jane M. Beckering
Jane M. Beckering
United States District Judge
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