Tereshchenko
Tereshchenko v. Mayorkas
Opinion
Trial Court Opinion
I. BACKGROUND
23 On November 14, 2024, Plaintiffs filed a Complaint for Declaratory and Injunctive 24 Relief and Petition for Writ of Mandamus. (ECF No. 1.) Plaintiffs bring this action to 25 enjoin an alleged unwritten policy and practice by the Department of Homeland Security 26 (“DHS”) of categorially detaining asylum seekers from Post-Soviet Union countries to 27 deter Plaintiffs and others similarly situated from seeking refuge in the United States, 28 referred to by Plaintiffs as “the Russian Detention & Deterrence Scheme.” (Id. at 9.) According to the Amended Complaint, filed on December 9, 2024, Plaintiffs in this suit are 276 Russian asylum seekers who are currently detained in various immigration detention facilities in the United States. (ECF No. 10 at 9.) 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. at 10.) 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…