Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ASADBEK BEKHZODOVICH
ABDUKAYUMOV,
Petitioner,
v.
MICHAEL T. ROSE, et al.,
Respondents.
No. 4:26-CV-00378
(Chief Judge Brann)
MEMORANDUM OPINION
M ARCH 18, 2026
I. 	BACKGROUND
Asadbek Bekhzodovich Abdukayumov, currently a detainee of the United
States Department of Homeland Security, Immigration and Customs Enforcement
(“ICE”), has filed this 28 U.S.C. § 2241 petition seeking his release from ICE
custody.1 Abdukayumov is currently detained at the Pike County Correctional
Facility within the Middle District of Pennsylvania. 2
Abdukayumov, a citizen and native of the Republic of Uzbekistan, entered the
United States of America in November of 2023 and was later detained but released
from custody.3 On December 2, 2025, Abdukayumov was arrested outside of his
1 	Doc. 1.
2 	Id. at 1.
3 	Id. at 5, 15.
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home and ICE has since refused him a bond hearing, asserting that he is subject to
mandatory detention.4
In February 2026, Abdukayumov filed this § 2241 petition asserting that he is
entitled 	to 	a 	bond 	hearing 	pursuant 	to 	8 	U.S.C. 	§ 1226(a).5 Specifically,
Abdukayumov argues that, because he was detained inside of the United States, his
detention is governed by 8 U.S.C. § 1226(a), and the Government is incorrect that 8
U.S.C. 	§ 1225(b)—which 	provides 	for 	mandatory 	detention 	without 	a 	bond
hearing—applies to him. 6
Respondents contend that § 1225(b) applies to all individuals who are not
inspected and lawfully admitted to the country, regardless of whether they manage
to enter the country surreptitiously, and Abdukayumov is therefore subject to
mandatory detention without a bond hearing.7 Moreover, Respondents assert that
Abdukayumov’s continued detention does not violate his due process rights.8
Abdukayumov has filed a reply brief, rendering this matter ripe for review.9
For the reasons discussed below, the petition will be granted.
4 	Id. at 2-3.
5 	Doc. 1.
6 	Id. at 6-14, 16-20.
7 	Doc. 6 at 17-41.
8 	Id. at 41-45.
9 	Doc. 7.
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II. 	DISCUSSION
Abdukayumov brings his claims pursuant to 28 U.S.C. § 2241, which
provides, as relevant here, that it applies to any individual who “in custody for an
act done or omitted in pursuance of an Act of Congress, or an order, process,
judgment or decree of a court or judge of the United States.” 10 As the Supreme Court
of 	the 	United 	States 	has 	emphasized, 	when 	ICE 	detainees 	challenge 	“their
confinement” pending removal, “their claims fall within the ‘core’ of the writ of
habeas corpus and thus must be brought in” a 28 U.S.C. § 2241 petition.11
The determination of whether Abdukayumov is improperly detained requires
an examination of two separate provisions in immigration law: 8 U.S.C. § 1225(b)
and 8 U.S.C. § 1226(a). Section 1225(b) provides that “in the case of an alien who
is an applicant for admission, if the examining immigration officer determines that
an alien seeking admission is not clearly and beyond a doubt entitled to be admitted,
the alien shall be detained” pending removal hearings.12 In contrast, 8 U.S.C.
§ 1226(a) states only that “an alien may be arrested and detained pending a decision
on whether the alien is to be removed from the United States.” In accordance with
that language, “[f]ederal regulations provide that aliens detained under § 1226(a)
receive bond hearings at the outset of detention.” 13 These two provisions therefore
10 	28 U.S.C. § 2241(c)(2).
11 	J.G.G., 604 U.S. at 672.
12 	8 U.S.C. § 1225(b)(2)(A).
13 	Jennings v. Rodriguez, 583 U.S. 281, 306 (2018).
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provide for opposite outcomes: under § 1225(b) Abdukayumov may not receive a
bond hearing, but under § 1226(a) he must receive such a hearing. The Court
therefore examines each statute to determine which applies to Abdukayumov.
Turning first to 8 U.S.C. § 1225, as the Honorable Karoline Mehalchick
recently observed, “[t]o trigger § 1225(b)(2)(A), an examining immigration officer
must determine that an individual is (1) an applicant for admission, (2) seeking
admission, and (3) not clearly and beyond a doubt entitled to be admitted.” 14
“Section 1225(b)(2)(A) applies only to an alien who is both an ‘applicant for
admission’ and ‘seeking admission.’”15
Section 1225 defines “applicant for admission” as “[a]n alien present in the
United States who has not been admitted or who arrives in the United States (whether
or not at a designated port of arrival and including an alien who is brought to the
United States after having been interdicted in international or United States
waters).” 16 While applicable federal law does not define “alien seeking admission,”
courts construe the plain language of “seeking admission” to describe “active and
ongoing conduct, such as physically attempting to come into the United States at a
border or port of entry.”17
14 	Ramirez-Montoya v. Rose, No. 3:25-CV-02411, 2025 WL 3709045, at *4 (M.D. Pa. Dec. 22,
2025).
15 	Id.
16 	8 U.S.C. § 1225(a)(1).
17 	Ramirez-Montoya, 2025 WL 3709045, at *4 (collecting cases).
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As courts have observed, such a “reading comports with the Supreme Court’s
finding in Jennings v. Rodriguez,” 18 wherein the Supreme Court “noted [that]
§ 1225(b) applies primarily to aliens seeking entry into the United States.” 19 That
reading of “seeking admission” further “preserves a distinction between ‘seeking
admission’ and the separate term ‘applicant for admission,’ ensuring that each phrase
carries independent meaning.”20 In sum, a plain reading of § 1225(b) demonstrates
that it applies to individuals who are attempting to enter the United States, not those
already within the country.
With respect to § 1226, the Supreme Court has been explicit that “§ 1226
applies to aliens already present in the United States.”21 That Section “creates a
default rule for those aliens by permitting—but not requiring—the Attorney General
to issue warrants for their arrest and detention pending removal proceedings” and
“permit[ting] the Attorney General to release those aliens on bond.” 22 Therefore,
while § 1225 applies to individuals detained while entering or attempting to enter
the country, § 1226 applies generally to those who are detained within the country.
These definitions create dual tracks: if an individual is detained attempting to
enter the country illegally or while otherwise presenting themselves for inspection
18 	Id.
19 	Jennings, 583 U.S. at 297.
20 	Ramirez-Montoya, 2025 WL 3709045, at *4.
21 	Jennings, 583 U.S. at 303.
22 	Id.
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and entry, they are subject to mandatory detention pursuant to § 1225. If they are
arrested after having already entered the country, they are subject to detention under
§ 1226 and are entitled to a bond hearing.
Applying that distinction here, Abdukayumov must be detained pursuant to
§ 1226 and is therefore entitled to a bond hearing. Abdukayumov entered the United
States in November of 2023 and, at that time, he could reasonably have been
construed as seeking admission and therefore as an individual governed by § 1225.23
However, he was not arrested and detained until December of 202524 after having
resided “in the United States for an extended period of time”; accordingly he is no
longer an seeking admission and “§ 1226(a), not § 1225(b)(2)(A), applies to”
Abdukayumov 	during 	his 	detention.25 Because 	§ 1226(a) 	applies, 	mandatory
detention is not warranted, and he must be provided with a bond hearing. 26
Having determined that Abdukayumov is being detained under the wrong
section of immigration law and is improperly being denied a bond hearing, the Court
must next determine whether Respondents’ actions violate Abdukayumov’s Fifth
Amendment Due Process rights.27
23 	Doc. 1 at 5, 15.
24 	Id. at 2-3.
25 	Ramirez-Montoya, 2025 WL 3709045, at *5.
26 	See, e.g., Patel v. O’Neil, No. 3:25-CV-2185, 2025 WL 3516865, at *5 (M.D. Pa. Dec. 8, 2025)
(finding in similar circumstances that § 1226(a) applies).
27 	Abdukayumov brings claims under the Fifth Amendment, the INA, and certain regulations.
Doc. 1 at 17-19. Because this Court will resolve the issue on the constitutional question, it need
not address the remaining claims.
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The Fifth Amendment to the United States Constitution provides that no
person shall “be deprived of life, liberty, or property without due process of law.”
That Amendment “applies to all ‘persons’ within the United States, including aliens,
whether their presence here is lawful, unlawful, temporary, or permanent,” 28 and
therefore individuals “facing removal are entitled to due process.” 29
This Court applies the balancing test developed in Mathews v. Eldridge30 to
determine whether the failure to provide Abdukayumov with a bond hearing under
§ 1226(a) violates his due process rights.31 Under that test, courts must consider
three distinct factors: First, the private interest that will be affected by
the official action; second, the risk of an erroneous deprivation of such
interest through the procedures used, and the probable value, if any, of
additional 	or 	substitute 	procedural 	safeguards; 	and 	finally, 	the
Government’s interest, including the function involved and the fiscal
and administrative burdens that the additional or substitute procedural
requirement would entail.32
The first factor weighs heavily in favor of concluding that Petitioners’ actions
have deprived Abdukayumov of his due process rights, as “[f]reedom from
imprisonment—from government custody, detention, or other forms of physical
restraint—lies at the heart of the liberty that Clause protects.” 33 The second factor
28 	Zadvydas v. Davis, 533 U.S. 678, 693 (2001).
29 	Abdulai v. Ashcroft, 239 F.3d 542, 549 (3d Cir. 2001).
30 	424 U.S. 319, 335 (1976).
31 	Cf. Sewak v. I.N.S., 900 F.2d 667, 674 (3d Cir. 1990) (applying that test to determine whether
applicable deportation regulations were capable of protecting an individual’s due process
rights).
32 	Mathews, 424 U.S. at 335.
33 	Zadvydas, 533 U.S. at 690. See also Patel, 2025 WL 3516865, at *6; Ramirez-Montoya, 2025
WL 3709045, at *6.
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likewise favors Abdukayumov, “as he is presently and erroneously detained under
the mandatory detention provisions of § 1225, without an opportunity for a bond
hearing.” 34
Finally, as other courts have observed, the Government does have an interest
in detaining noncitizens to ensure “‘the appearance of aliens at future immigration
proceedings’ and ‘prevent[] danger to the community.’”35 These interests certainly
justify detaining individuals in appropriate circumstances. But they cannot weigh in
favor of Respondents when they are denying wholesale a bond hearing—the very
purposes of which is to establish whether an individual “poses [a] flight risk [or a]
danger to the community.”36 In balancing these three factors then, it is clear that
Abdukayumov’s continued detention without a bond hearing violates his due process
rights. Consequently, the Court will grant his § 2241 petition.
III. 	CONCLUSION
For the foregoing reasons, the Court concludes that Respondents have violated
Abdukayumov’s due process rights by detaining him without a bond hearing.
Accordingly, his petition will be granted, and the Government will be required to
provide Abdukayumov with a bond hearing or release him from custody.
34 	Patel, 2025 WL 3516865, at *6 (quoting Bethancourt Soto v. Soto, No. 25-CV-16200, 2025
WL 2976572, at *8 (D.N.J. Oct. 22, 2025)).
35 	Soto, 2025 WL 2976572, at *8 (quoting Zadvydas, 533 U.S. at 690).
36 	Ramirez-Montoya, 2025 WL 3709045, at *4 (internal quotation marks omitted).
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An appropriate Order follows.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
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