Unreported / Non-Citable
Background
Petr Zinchenko, a Russian citizen, presented himself at the Brownsville, Texas, port of entry in February 2023. Officials denied him admission, charged him with inadmissibility under § 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act, and released him on parole.
An immigration judge granted Zinchenko asylum in March 2025, but the Department of Homeland Security appealed, and that appeal remained pending. After Zinchenko was taken into immigration custody in September 2026, he petitioned for habeas relief under 28 U.S.C. § 2241, arguing that detention without a bond hearing violated due process. The government moved for summary judgment, contending that 8 U.S.C. § 1225(b)(2) required his detention as an applicant for admission.
The Court’s Holding
The court held that Zinchenko remained an applicant for admission because he was present in the United States without having been admitted. Under controlling Fifth Circuit precedent, § 1225(b)(2) therefore subjected him to mandatory detention until his removal proceedings concluded.
The court further held that this mandatory detention did not violate substantive or procedural due process, relying on the Fifth Circuit’s en banc decision in Rodriguez v. Vergara. It granted the respondents’ motion for summary judgment, denied Zinchenko’s habeas petition, and directed entry of final judgment for the respondents.
Key Takeaways
- An immigrant present without admission may remain an applicant for admission subject to mandatory detention under § 1225(b)(2).
- The pending government appeal of Zinchenko’s asylum grant meant that his removal proceedings had not concluded.
- Under controlling Fifth Circuit precedent, Zinchenko’s mandatory detention without a bond hearing did not violate substantive or procedural due process.
Why It Matters
The decision applies recent Fifth Circuit authority to reject a constitutional challenge to detention under § 1225(b)(2). In the Southern District of Texas, applicants for admission whose removal proceedings remain pending cannot obtain a bond hearing on the due-process theory Zinchenko advanced.