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govinfo:USCOURTS-miwd-1_26-cv-01484-0
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ ALASAN COLLEY, Petitioner, v. KEVIN RAYCRAFT et al., Respondents. ____________________________/ Honorable Jane M. Beckering OPINION Petitioner, a United States Immigration and Customs Enforcement (ICE) detainee, initiated this action by filing a 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, he challenges th e 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.32.) In an Order entered on May 7, 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 and a recording of the April 10, Case 1:26-cv-01484-JMB-PJG ECF No. 8, PageID.<pageID> Filed 06/16/26 Page 1 of 3 2 2026, bond hearing on May 11, 2026, (Resp., ECF No. 5; Recording of Apr. 10, 2026, Bond Hearing, filed on May 11, 2026), and Petitioner filed his reply on May 12, 2026, (ECF No. 6). II. Factual Background Petitioner is a native and citizen of Gambia. Op., Colley v. Raycraft (Colley I), No. 26-cv- 565 (W.D. Mich. Apr. 6, 2026) (ECF No. 7). Petitioner entered the United States in 2022 without inspection. Id. On January 6, 2026, ICE agents arrested Petitioner. Id. On February 19, 2026, Petitioner filed a § 2241 petition challenging hi s initial detention without a bond hearing in Colley I. In Colley 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 a lternative, immediately release Petitioner from custody. Op. & Jud., Colley v. Raycraft (Colley I), No. 26-cv-565 (W.D. Mich. Apr. 6, 2026) (ECF Nos. 7, 8). On April 10, 2026, Petitioner received a bond hearing pursuant to § 1226(a). (Bond Order, ECF No. 1-6, PageID.51.) At th e conclusion of that hearing, the immigration judge denied Petitioner’s request for bond because Petitioner “failed to show he is not a flight risk.” (Id.) 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). Ther efore, for the reas ons 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. Case 1:26-cv-01484-JMB-PJG ECF No. 8, PageID.<pageID> Filed 06/16/26 Page 2 of 3 3 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 whic h time the government w ill have the burden to demonstrate dangerousness or flight risk by clear and convin cing evidence, within five business days and with notice to the Parties as soon as practicable, no later th an 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: June 16, 2026 /s/ Jane M. Beckerin g Jane M. Beckering United States District Judge Case 1:26-cv-01484-JMB-PJG ECF No. 8, PageID.<pageID> Filed 06/16/26 Page 3 of 3