Toshkhua v. Smith et al

On March 16, 2026, the U.S. District Court for the Northern District of Alabama issued a memorandum opinion and order in Toshkhua v. Smith et al. Petitioner Giorgi Toshkhua, an immigration detainee, filed a habeas corpus petition challenging his detention under 8 U.S.C. § 1226. The court found that the government had violated both the statute and Toshkhua‘s due process rights by detaining him without a bond hearing. The court granted the petition, ordering an individualized custody determination and a bond hearing within 48 hours. Additionally, the court voided a prior Notice to Appear due to false information and ordered DHS to issue a new, accurate notice if it continued to pursue removal. The case highlights the procedural protections required in immigration detention.

The court granted the habeas corpus petition, finding that Mr. Toshkhua’s detention without a bond hearing violated 8 U.S.C. § 1226 and the Due Process Clause. The court ordered an immediate individualized custody determination and a bond hearing within 48 hours. It also voided the February 4, 2026 Notice to Appear due to false information and ordered DHS to issue a new notice if removal proceedings continued.

Whether the government‘s detention of Mr. Toshkhua under 8 U.S.C. § 1226, without providing a bond hearing, violated the statute and his constitutional right to due process. A secondary issue concerned the validity of a Notice to Appear that contained false information.

The ruling reinforces the due process rights of immigration detainees held under § 1226, particularly the right to a prompt bond hearing. By voiding a defective charging document, the decision also underscores the government‘s obligation to rely on accurate information in removal proceedings, potentially affecting other cases with similar procedural flaws.