MD Mobarak Hossain v. Bruce Scott et al.

District Court, W.D. Washington·Decided June 1, 2026·No. 2:26-cv-00923·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE MD MOBARAK HOSSAIN, CASE NO. 2:26-cv-00923-LK Petitioner, ORDER DENYING HABEAS v. PETITION BRUCE SCOTT et al., Respondents.

This matter comes before the Court on Petitioner MD Mobarak Hossain’s pro se petition of writ of habeas corpus. Dkt. No. 4. For the reasons set forth below, the Court denies the petition.1 Hossain is a native and citizen of Bangladesh. Dkt. No. 9 at 1. He applied for a diversity immigrant visa and entered the United States as a lawful permanent resident in 2010. Dkt. No. 10- 3 at 4. In 2016, he was convicted of Endangering the Welfare of a Child—a misdemeanor under New York Law Section 260.10, and Sexual Abuse in the First Degree: Sexual Contact with 1 The Court declines to hold an evidentiary hearing because the record is sufficient for adjudication of the petition. See Owino v. Napolitano, 575 F.3d 952, 954 (9th Cir. 2009) (holding that “the district court must hold an evidentiary hearing” where “the record is insufficient to decide whether [the petitioner’s] detention is authorized[.]”). Individual Less than 11 Years Old—an aggravated felony under New York Penal Law Section 130.65. Dkt. No. 9 at 1–2; Dkt. No. 10-1 at 2; Dkt. No. 10-3 at 4. Hossain was sentenced to three years in prison and five years of supervised release. Dkt. No. 10-1 at 2. He was released from prison in January 2019 and required to register as a sex offender. Dkt. No. 9 at 2.

Hossain was arrested on June 27, 2025 in New York for Assault in the Third Degree—with Intent to Cause Physical Injury—and Harassment in the Second Degree—Physical Contact; resolution of those charges is on-going. Id. On August 7, 2025, he was detained by the New York fugitive operations team of U.S. Immigration and Customs Enforcement (“ICE”) Enforcement and Removal Operations. Id. The same day, he was served with a Notice to Appear (“NTA”) which charged him with inadmissibility under (1) Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (“INA”) because he had been convicted of an aggravated felony, and (2) Section 237(a)(2)(E)(i) of the INA because he had been convicted of a crime of child abuse or neglect. Id.; Dkt. No. 10-6 at 2, 5. Although Hossain requested a custody determination, he has not received a bond hearing. Dkt. No. 9 at 2. He was transferred to the NWIPC on August 14, 2025. Id.

Hossain subsequently filed an application for asylum, withholding of removal, and relief under the Convention Against Torture. Id. The immigration court denied his application for that relief on February 17, 2026 and ordered him removed to Bangladesh. Id. at 3. Hossain appealed that denial to the Board of Immigration Appeals (“BIA”), and his appeal remains pending. Id. Hossain filed this habeas petition on March 16, 2026. Dkt. No. 4. Respondents2 oppose the petition. Dkt. No. 8. 2 Although Bruce Scott, the warden of the NWIPC, has not appeared in this case, (1) the purpose of naming the petitioner’s custodian is to effectuate injunctive relief where appropriate, see Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) (the custodian has “the power to produce the body of [the petitioner] before the court or judge,” such that “he may be liberated if no sufficient reason is shown to the contrary” (citation modified)); and (2) federal respondents often represent the warden’s interests, as they do in this case, see Doe v. Garland, 109 F.4th 1188, 1196 (9th Cir. 2024) (“Even in cases where private contract wardens are named as respondents, the government can and has stepped in to defend its interest in keeping petitioners detained.”). Hossain contends that he is being held in “Prolonged Mandatory Detention without individualized assessment.” Dkt. No. 4 at 3. That is, his “prolonged detention without an individualized bond hearing is now in violation of due process.” Id. at 4. His petition does not

expressly specify the type of relief sought, but suggests that he seeks a bond hearing. See id. at 3– 4 (repeatedly stating that his detention without an individualized assessment violates his due process rights); Dkt. No. 11 at 2. Respondents argue that Hossain’s detention is mandatory and does not violate due process. Dkt. No. 8 at 4–9. A. Legal Standard The Constitution guarantees the availability of the writ of habeas corpus “to every individual detained within the United States.” Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., Art I, § 9, cl. 2). “The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and . . . the traditional function of the writ is to secure release from illegal custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). A writ of habeas corpus

may be granted to a petitioner who demonstrates that he is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3). Historically, “the writ of habeas corpus has served as a means of reviewing the legality of Executive detention, and it is in that context that its protections have been strongest.” I.N.S. v. St. Cyr, 533 U.S. 289, 301 (2001). The Supreme Court has held that federal courts have jurisdiction to review a constitutional challenge to a noncitizen’s detention under § 1226(c). See Demore v. Kim, 538 U.S. 510, 517 (2003). Under the Due Process Clause of the Fifth Amendment to the United States Constitution, no person shall be “deprived of life, liberty, or property, without due process of law[.]” U.S. Const. amend. V. “The Fifth Amendment guarantees due process in deportation proceedings.” Torres-

Aguilar v. I.N.S., 246 F.3d 1267, 1270 (9th Cir. 2001). “[T]he Due Process Clause applies to all ‘persons’ within the United States, including [noncitizens], whether their presence here is lawful, unlawful, temporary, or permanent.” Zadvydas v. Davis, 533 U.S. 678, 693 (2001); see also Demore, 538 U.S. at 523 (recognizing that Fifth Amendment due process protections extend to deportation proceedings, but noting that “detention during deportation proceedings [is] a

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