Sharikov

Sharikov v. Mayorkas

Good Law
United States District Court, Southern District of CaliforniaNovember 20, 20243:24-cv-01608California1,393 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiffs filed a Complaint for Declaratory and Injunctive Relief and Petition for 24 Writ of Mandamus on September 9, 2024. (ECF No. 1.) Plaintiffs bring this action to enjoin 25 an alleged unwritten policy and practice by the Department of Homeland Security (“DHS”) 26 of categorially detaining Russian asylum seekers to deter Plaintiffs and others similarly 27 situated from seeking refuge in the United States, referred to by Plaintiffs as “the Russian 28 Detention & Deterrence Scheme.” (Id. at 5.) Plaintiffs in this suit are thirty (30) Russian asylum seekers who are currently detained in various immigration detention facilities in the United States. (Id.) Plaintiffs allege that Defendants have a longstanding policy directive precluding detention of asylum seekers except in unusual cases, referred to as the “Parole Directive.” (Id.) According to Plaintiffs, the Parole Directive instructs Immigration and Customs Enforcement (“ICE”) “to make an individualized determination as to the person’s flight and public safety, or national security risk profile in exercising discretion to release or detain the noncitizen.” (Id. at 5-6.)…

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