1:26-cv-01265•Rinko v. Raycraft, et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ ZAKIR HOSSAIN RINKO , Petitioner, v. KEVIN RAYCRAFT et al., Respondent. ____________________________/ Case No. 1:26-cv-1265 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.) 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 Respondents to immediately release Petitioner. (Pet., ECF No. 1, PageID.21.) In an Order entered on April 23, 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 April 28, 2026, (ECF No. 6), and a recording of the February 6, 2026, bond hearing on April 28, 2026. (Recording Case 1:26-cv-01265-JMB-RSK ECF No. 8, PageID.<pageID> Filed 06/08/26 Page 1 of 4
2
of Feb. 67, 2026, Bond Hearing, filed on Apr. 28, 2026.) On the same day, Petitioner filed his
reply (ECF No. 6).
II. Factual Background
Petitioner is a native and citizen of Bangladesh. (Pet., ECF No. 1, PageID.8.)
On January 13, 2026, Petitioner filed a § 2241 petition challenging his initial detention
without a bond hearing in Rinko v. Raycraft (Rinko I), No. 1:26-cv-121 (W.D. Mich.). In Rinko 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. & J., Rinko I, (W.D. Mich. Feb. 2,
2026), (ECF Nos. 6, 7.).
On February 6, 2026, Petitioner received a bond hearing pursuant to § 1226(a). (Order
Immigration Judge, ECF No. 1-2, PageID.25.) On that same day, the immigration judge issued an
order denying bond. (Id.) The Order of the Immigration Judge specifically states:
Denied because[:]
[Petitioner] did not establish he is not a flight risk. {Petitioner] recently entered the
U.S. illegally on October 15, 2024. [Petitioner] presents with limited community
ties, and no known family or property ties to the U.S. The length and nature of
[Petitioner’s] relationship with his listed sponsor is unknown beyond that the
sponsor is a friend. Thus, the Court has concerns with the reliability of the sponsor.
Matter of Dobrotvorskii, 29 I&N Dec. 211 (BIA 2025). Upon review, [Petitioner’s]
Form I-589 remains speculative, especially since [Petitioner’s] asylum case would
appear to be subject to the Circumvention of Lawful Pathways Bar. Thus, it’s not
clear there is a probable path for [Petitioner] to remain in the U.S. See Matter of R-
A-V-P-, 27 I&N Dec. 803 (BIA 2020).
(Id.)
Case 1:26-cv-01265-JMB-RSK ECF No. 8, PageID.<pageID> Filed 06/08/26 Page 2
of 43 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, 817 F. Supp. 3d 612 (W.D. Mich. 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. 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. V. 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. 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. Case 1:26-cv-01265-JMB-RSK ECF No. 8, PageID.<pageID> Filed 06/08/26 Page 3 of 4
4 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 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 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: June 8, 2026 /s/ Jane M. Beckering Jane M. Beckering United States District Judge Case 1:26-cv-01265-JMB-RSK ECF No. 8, PageID.<pageID> Filed 06/08/26 Page 4 of 4
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.