Overview
Case Number: No. 26-2113 (8th Cir.); D.S.D. No. 5:26-cv-05030-RAL
Practice Area: Appeals & Complex Briefing Commercial Litigation
Case Status: Pending
Court: U.S. Court of Appeals for the Eighth Circuit
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Berger Montague serves as counsel for Amici Curiae — five Minnesota-based immigrant and detainee rights organizations including the Advocates for Human Rights, the Federal Immigration Litigation Clinic, the Detainee Rights Clinic, the Immigration Law Center of Minnesota and Mid-Minnesota Legal Aid’s Immigration Law Project— in this Eighth Circuit appeal. On September 16, 2026, the firm filed a brief urging the Court to affirm the district court’s order releasing Petitioner-Appellee Aleksei Morozov, whom the government sought to re-detain without new evidence or process after he had already been paroled and found to pose no flight risk or danger.
The U.S. District Court for the District of South Dakota ordered Mr. Morozov’s release, and the government has appealed to the Eighth Circuit. Amici argue that due process is inherently an individualized inquiry, and that the government’s mandatory, process-free detention of noncitizens under 8 U.S.C. § 1225(b)(2) cannot be reconciled with due process where, as here, the government previously made an individualized finding that the person poses no flight risk or danger.
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Morozov v. Warden, Lawrence County Jail, et al. FAQs
What is this case about?
This case asks whether the Due Process Clause permits the government to re-detain a noncitizen — without new evidence, a hearing, or any change in circumstances — after he was paroled and individually found to pose no flight risk or danger. Amici, several immigrant and detainee rights organizations, argue that due process requires an individualized inquiry before the government can strip someone of that liberty a second time, and that mandatory detention under 8 U.S.C. § 1225(b)(2) cannot be justified on a categorical basis.
What is Berger Montague’s role in this case?
E. Michelle Drake of Berger Montague’s Minneapolis office serves as counsel of record for Amici Curiae The Advocates for Human Rights, the Federal Immigration Litigation Clinic, the Detainee Rights Clinic, the Immigrant Law Center of Minnesota, and Mid-Minnesota Legal Aid’s Immigration Law Project. On September 16, 2026, Berger Montague filed a brief on Amici’s behalf in the U.S. Court of Appeals for the Eighth Circuit supporting Petitioner-Appellee Aleksei Morozov.
What happens next?
The Eighth Circuit will consider briefing from Mr. Morozov, the government, and Amici before scheduling oral argument and issuing a decision. Berger Montague will continue to monitor the appeal and update this page as it progresses.
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