Amin Hussain A. Alabdulaziz v. Jeff Tindall, et al.

CourtDistrict Court, W.D. Kentucky
DecidedApril 10, 2026
Docket3:26-cv-00178
StatusUnknown

This text of Amin Hussain A. Alabdulaziz v. Jeff Tindall, et al. (Amin Hussain A. Alabdulaziz v. Jeff Tindall, et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amin Hussain A. Alabdulaziz v. Jeff Tindall, et al., (W.D. Ky. 2026).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

AMIN HUSSAIN A. ALABDULAZIZ, ) ) Petitioner, ) Civil Action No. 3:26-CV-178-CHB ) v. ) ) MEMORANDUM OPINION AND JEFF TINDALL, et al., ) ORDER ) Respondents. )

*** *** *** *** This matter is before the Court the Petition for Habeas Corpus filed by Petitioner Amin Hussain A. Alabdulaziz. [R. 1]. Petitioner alleges that the respondents—which include Jeff Tindall, Jailer of the Oldham County Detention Center; Samuel Olson, Field Office Director of the Chicago Field Office, U.S. Immigration and Customs Enforcement (“ICE”); Kristi Noem, Secretary of the U.S. Department of Homeland Security (“DHS”); and Pamela Bondi, United States Attorney General—have violated his due process rights under the Fifth Amendment and the Administrative Procedure Act (“APA”). Id. The Court issued an Order to Show Cause, setting an evidentiary hearing date and establishing a briefing schedule. [R. 5]. Respondents filed a response. [R. 9]. The parties then filed a Joint Motion to Cancel Hearing, in which they agreed to cancel the evidentiary hearing and proceed on their briefs. [R. 10]. The Court granted that motion. [R. 12]. Petitioner has since filed his reply brief. [R. 12]. This matter is therefore fully briefed and ripe for review. For the following reasons, the Court will deny Petitioner’s Petition for Writ of Habeas Corpus, [R. 1]. I. BACKGROUND Petitioner, a thirty-year old male, is a citizen of Saudi Arabia. [R. 1, p. 4]. He entered the United States on December 29, 2014, pursuant to an F-1 non-immigrant student visa. [R. 1-1, pp. 17–18]. He came to the United States to pursue an engineering degree at Western Michigan University, which he obtained in December 2021. [R. 1, p. 4]; [R. 1-1, p. 3]. After graduating, he was authorized for “post completion Optional Practical Training” at the university, and he was issued an Employment Authorization Document for this purpose. [R. 1, p. 4]; [R. 1-1, p. 3]. As

part of his Optional Practical Training, Petitioner applied for employment and, during the onboarding process, submitted fingerprints for a background check. [R. 1, p. 4]; [R. 1-1, p. 3]. His background check revealed an INTERPOL Red Notice against him, stating that he was wanted by Saudi Arabia on charges of terrorism. [R. 1, pp. 4–5]; [R. 1-1, pp. 3, 58–60]. An Interpol Red Notice “is an international alert for a wanted person, but it is not an arrest warrant.” [R. 1-1, p. 59]. Petitioner’s Red Notice specifically claimed that he was wanted for “[p]roviding live ammunition to a terrorist organization, targeting police officers by monitoring their movements and taking part of using a website on the Internet to communicate with terrorists to spread their propaganda.” [R. 1-7, p. 2]. Petitioner believes that the Red Notice against him “is a pretext by the Saudi Arabian

Government to persecute him for his political dissidence and status as a Shia religious minority.” [R. 1, p. 5]. Upon learning of the Red Notice, Petitioner contacted the Federal Bureau of Investigations, which advised him to contact the Commission for Control of INTERPOL Files (“CCF”). [R. 1-1, pp. 59–60]. In April 2024, Petitioner, through counsel, contacted the CCF and requested deletion of his Red Notice records. See, e.g., [R. 1, p. 5]. According to Petitioner, CCF took no further action. See, e.g., id. In December 2024, Petitioner filed an asylum application, “fearing persecution and torture as a political dissident who participated in peaceful protest against the Kingdom of Saudi Arabia as a Shia religious minority.” Id. at 6. His asylum interview was scheduled for July 17, 2025. Id. When he arrived at the offices of the U.S. Citizenship and Immigration Service for his interview, he was apprehended by ICE agents. Id. That same day, he was issued a warrant (I-200 form) and a Notice to Appear. [R. 1-3]. The Notice to Appear explained that Petitioner had “been admitted to the United States, but [is] removable” because he was initially admitted as a nonimmigrant

student with authorization to remain in the United States for a temporary period not to exceed March 12, 2025, but he had remained in the United States beyond that date. Id. at 1. On July 22, 2025, Petitioner filed a Motion for Bond Redetermination. See, e.g., [R. 1, p. 7]. A hearing on the motion was then held the following day before Immigration Judge (“IJ”) Kelly Johnson.1 Id. At the hearing, Petitioner, through counsel, presented evidence and argument relating to his case, including information relating to his Red Notice and the reasons why Petitioner believed it was unsupported. Id. at 7–10; see also [R. 1-7, p. 2]. The IJ ultimately denied bond, finding that Petitioner was a “[d]anger and in the alternative, flight risk.” [R. 1-4]. On the IJ’s order, a box is also “checked” for “Other,” and the IJ noted, “INTERPOL – Red Notice (Saudi

Arabia); charges: Terrorism.” Id. Petitioner appealed the IJ’s bond order to the Board of Immigration Appeals (“BIA”), and it remains pending. [R. 1, p. 10]. On September 11, 2025, IJ Johnson issued a “Decision of the Immigration Judge Regarding Bond,” in which he explained his bond decision in more detail. [R. 1-7]. In that decision, the IJ explained the legal standard, including the alien’s burden of proving that his release would not pose a danger to any person or property and that he is likely to appear for future proceedings. Id. at 1. The IJ also noted that he “reviewed and considered all the documents in the record from [Petitioner],” including over 350 pages of exhibits and the INTERPOL Red Notice. Id. at 2.

1 All parties agree that Petitioner was and is detained under 8 U.S.C. § 1226(a), and he was therefore entitled to a bond hearing. See, e.g., [R. 1, p. 16]; [R. 9, pp. 1, 3]. Ultimately, the IJ found that Petitioner has an active INTERPOL Red Notice and, as a result, he “presents a danger to persons or property and should not be released during the pendency” of his removal proceedings. Id. (citation omitted). In reaching this conclusion, the IJ explained that he had “considered [Petitioner’s] arguments through counsel that the charges pending in Saudi Arabia are politically motivated,” but he found that “the record does not support such a finding.” Id. The

IJ also found that Petitioner was a flight risk, noting that his “eligibility for relief is speculative.” Id. (citations omitted). On October 20, 2025, IJ Johnson ruled on the merits of Petitioner’s asylum application. [R. 1-8]. In a twenty-seven-page opinion, the IJ explained his basis for denying the application. Id. When considering whether Petitioner had satisfied his burden of demonstrating a well-founded fear of future persecution, the IJ found that “there is insufficient evidence to show that Saudi Arabia presently has an active Red Notice against [Petitioner].” Id. at 22 (emphasis added). But, the IJ continued, even assuming that the Red Notice is active, “there is insufficient record evidence to determine that it contains fraudulent facts and is pretextual persecution.” Id. The IJ ultimately

ordered Petitioner removed to Saudi Arabia. Id. at 27. On November 11, 2025, Petitioner appealed that decision to the BIA, and that appeal remains pending. [R. 1, p. 13]. In the meantime, Petitioner remains detained at the Oldham County Detention Center. See id. at 1. On March 12, 2026, Petitioner filed the pending Petition for Writ of Habeas Corpus. [R. 1]. He argues that his unreasonably prolonged detention violates both his substantive and procedural due process rights under the Fifth Amendment (Counts I and II), and “[t]he agency, through the Immigration Judge,” made a pretextual bond determination in a manner that is arbitrary and capricious in violation of the APA. Id. at 15–21.

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