An immigrant detained before removal loses the right to demand a bond hearing after removal…
Sardorbek Shamirov v. Jailer of Campbell County Detention Center, et al.
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An immigrant detained before removal loses the right to demand a bond hearing after removal…
Why it matters
In Sardorbek Shamirov v. Jailer of Campbell County Detention Center, the U.S. District Court for the Eastern District of Kentucky denied a petition for a writ of habeas corpus as moot. Shamirov had challenged his pre-removal detention and sought either release or a bond hearing, but after an Immigration Judge issued a final removal order and Shamirov waived his right to appeal, the legal basis for his detention shifted from pre-removal statutes to the post-removal-order detention statute, making his original claim no longer live.
Who it affects
This ruling directly affects immigrants who are detained by ICE and seek bond hearings while their removal proceedings are pending. It signals that if a final removal order is entered before a court resolves such a challenge, the challenge may be dismissed without a decision on the merits.
What happens next
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Decision issued Sep 11, 2026
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- Decision issued Sep 11, 2026
- Possible rehearingParties can ask the same court to reconsider.
- Possible appeal to the circuit court
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Sep 11, 2026
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DEEPER READ
Sardorbek Shamirov was held in ICE custody at the Campbell County Detention Center in Kentucky beginning June 16, 2026. He filed a habeas corpus petition arguing that he was entitled to a bond hearing before an immigration judge under 8 U.S.C. Section 1226(a), which governs pre-removal detention and allows for bond hearings, rather than under Section 1225(b)(2), which mandates detention without a bond hearing. That legal distinction was the central question in his case. Before the court could resolve that question, an Immigration Judge ordered Shamirov removed on August 31, 2026, and Shamirov waived his right to appeal. That waiver made the removal order final. The court explained that once a removal order becomes final, the legal authority governing a person's detention shifts entirely to 8 U.S.C. Section 1231, which covers detention during the post-removal period. Neither Section 1225 nor Section 1226, the statutes Shamirov's petition was about, applied any longer. Because the legal framework had changed, the court found it could no longer grant Shamirov the relief he requested. His challenge to pre-removal detention became moot. The court noted that under Section 1231, the Department of Homeland Security has 90 days to carry out the removal, and the Supreme Court's decision in Zadvydas v. Davis holds that detention is presumptively reasonable for up to six months after a removal order becomes final. At the time of the court's order, Shamirov had been held under the final removal order for only 10 days. The court issued no ruling on the merits of whether Section 1225 or Section 1226 applied to Shamirov's original detention. The petition was simply denied as moot, meaning the court declined to address the underlying legal dispute because it could no longer provide any practical remedy. There was no dissent noted in the opinion.
CITATION AND RECORD
Record source: CourtListener
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON SARDORBEK SHAMIROV, CASE NO. 2:26-CV-00274-KKC Petitioner, v. OPINION AND ORDER JAILER OF CAMPBELL COUNTY DETENTION CENTER, et al., Respondents. *** *** *** This matter is before the Court on Petitioner Sardorbek Shamirov’s Petition for Writ of Habeas Corpus (R. 1) under 28 U.S.C. § 2241. Petitioner has been in the custody of the U.S. Immigration and Customs Enforcement (ICE) since June 16, 2026, and was detained at the Campbell County Detention Center, 601 Central Avenue, Newport, Kentucky 41071. On August 31, 2026, an Immigration Judge (IJ) ordered Petitioner removed, and Petitioner waived his right to appeal. Thus, the removal order is now final. The core dispute before this court is whether 8 U.S.C. § 1225(b)(2) or § 1226(a) of the Immigration and Nationality Act applies to Shamirov. This distinction is important because § 1225(b)(2) mandates detention, while § 1226(a) creates a right to a bond hearing before an immigration judge. The Petitioner asks the Court to order the respondents to either release him or provide a bond hearing. Petitioner, however, can no longer receive the bond hearing he sought in his petition. Petitioner can no longer be detained under 8 U.S.C. § 1225 or § 1226. He has a final order of removal, and he has waived his right to appeal (R. 7). When the IJ’s order of removal became final, the statutory authority for Petitioner’s detention shifted to 8 U.S.C. § 1231. Pursuant to § 1231(a)(1)(A), the Department of Homeland Security has 90 days to execute removal. Even if Petitioner has not been removed at the end of 90 days, Zadvyas v. Davis holds that his detention would be presumptively reasonable for up to six months. 533 U.S. 678, 701 (2001). As of the date of this Order, Petitioner has been detained pursuant to his final removal for 10 days. Petitioner’s challenge to his pre-removal detention is now moot. The Court cannot grant Petitioner the relief he seeks. Accordingly, it is ORDERED that the Petition for Writ of Habeas Corpus (R. 1) is DENIED as moot. September 11, 2026.
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