Federal Judge Slams ICE for "Untenable" Defiance of Law in Illegal Detention of Belarusian Asylum Seeker

Federal Judge Rebecca Goodgame Ebinger slams ICE for the "untenable" illegal detention of a Belarusian man in Muscatine County Jail.

By: AXL Media

Published: Mar 21, 2026, 7:14 AM EDT

Source: Information for this report was sourced from the Nebraska Examiner and Iowa Capital Dispatch.

Judicial Rebuke for Federal "Intransigence"

In a sharply worded ruling that has sent shockwaves through the regional legal community, U.S. District Judge Rebecca Goodgame Ebinger has condemned federal immigration officials for what she termed an "untenable" refusal to follow established law. The case centers on Andrei Bankevich, a Belarusian asylum seeker who was held in the Muscatine County Jail long past the legal six month limit for individuals under a final order of deportation. Judge Ebinger noted that while the Department of Justice conceded the detention was illegal, officials stated they would not release Bankevich unless a specific court order forced them to do so—a stance the judge found deeply troubling.

From Political Asylum to Operation Metro Surge

Bankevich fled Belarus in 2021 to escape political persecution from the country's authoritarian regime. While he was granted relief from deportation under the Convention Against Torture, he was required to relocate to a third country. However, his situation shifted dramatically in February 2025 following a drunken driving charge in Minnesota. He was subsequently swept up in "Operation Metro Surge," a Trump administration initiative that saw thousands detained in the Minneapolis-St. Paul area. Due to overcrowding in Twin Cities facilities, Bankevich was transferred to the Muscatine County Jail in Iowa on December 3, 2025.

Violation of the Six-Month Detention Rule

The legal challenge, brought by Des Moines attorney Alexander Smith, highlighted that Bankevich had been incarcerated for over a year. Under federal law, the government is generally prohibited from detaining an individual for more than 180 days if their removal is not significantly likely in the reasonably foreseeable future. Despite this, the U.S. Attorney’s Office argued that ICE headquarters was still "working" on a third-country removal, though Judge Ebinger noted this claim was entirely unsupported by specific facts or documentation. The judge ruled that the government’s "interminable" jailing of the defendant constituted a clear violation of his fundamental due process rights.