Ersultan Ermekov v. Markwayne Mullin — Immigration Habeas Corpus

Fri, 24 Apr 2026 01:59:52 +0000
Immigration

Judge from the US District Court for the Northern District of Iowa issued a memorandum opinion and order on April 17, 2026, granting petitioner Ersultan Ermekov's habeas corpus petition (No. C26-41-LTS-KEM). The court held that aliens detained under 8 U.S.C. § 1225(b)(2) pending removal proceedings retain a constitutional due process right to an individualized bond hearing, even though the statute itself provides no statutory right to such a hearing. The court rejected the government's argument that binding Eighth Circuit precedent forecloses any interest-balancing for aliens in this posture, instead recognizing that the constitutional protections established in Zadvydas v. Davis extend to those who have already crossed the threshold of initial entry.