Filed Date: June 24, 2025
Case Ongoing
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The petitioner is an Afghan national who fled Afghanistan after the Taliban’s return to power. After entering the United States, he applied for asylum and was pursuing protection claims when he was arrested by U.S. Immigration and Customs Enforcement (ICE) following the denial of parole and the issuance of a final administrative removal order. He was then detained pending removal proceedings. This case is about the petitioner’s challenge to his detention by ICE during those proceedings.
On June 24, 2025, the petitioner filed a petition for a writ of habeas corpus in the U.S. District Court for the District of Oregon against ICE and its Director and officers, the U.S. Department of Homeland Security (DHS) and its Secretary, and the Attorney General. The petitioner brought claims for unlawful detention in violation of 28 U.S.C. § 2241, arbitrary and capricious agency action in violation of the Administrative Procedure Act, and violation of the Fifth Amendment Due Process Clause. Judge Michael H. Simon was assigned to the case.
Represented by private counsel, the petitioner sought immediate release from custody and an award of attorney’s fees and costs under the Equal Access to Justice Act. The petitioner argued that his prolonged detention without a bond hearing violated his Fifth Amendment Due Process Clause rights. He alleged that ICE’s refusal to provide a bond hearing or meaningful custody review constituted unlawful detention under 28 U.S.C. § 2241. He further claimed that ICE’s detention decisions were arbitrary and capricious in violation of the Administrative Procedure Act.
Also on June 24, 2025, the court granted petitioner's motion to file certain documents under seal and ordered that he not be moved outside the District without providing advance notice to the court.
The case is ongoing.
Summary Authors
Victoria Tan (7/14/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70622382/parties/e-m-v-bostock/
Cunnings, Jordan Elizabeth (Oregon)
Danielson, Kevin C. (Oregon)
Hellgren, Tess Margaret (Oregon)
Manning, Stephen W. (Oregon)
Orjuela, Nelly Paola (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/70622382/e-m-v-bostock/
Last updated Aug. 21, 2025, 1:23 p.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)
Key Dates
Filing Date: June 24, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
An Afghan national detained by ICE
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
U.S. Department of Homeland Security (- United States (national) -), Federal
Attorney General (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Constitutional Clause(s):
Due Process: Procedural Due Process
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: