Phillips

(HC) Kuzmenko v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaMarch 6, 20252:25-cv-00663California5,063 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VERA KUZMENKO, No. 2:25-cv-00663-DJC-AC 12 Plaintiff, 13 v. ORDER 14 ARINDA PHILLIPS, et al., 15 Defendants. 16 17 Pending before the Court is Petitioner Vera Kuzmenko’s Motion for a Temporary Restraining Order (Mot. TRO (ECF No. 6)). Petitioner was released to home confinement by the Bureau of Prisons under the First Step Act due to having received sufficient Good Conduct Time and First Step Act Earned Time Credits (FSA Credits) to warrant her release under “prerelease custody.” (Id. at 3.) Several weeks later, despite having complied with all of the terms of her release plan, she was arrested and placed back in custody. (See id at 4.) While she was not told the reason why, it appears this was due to an active immigration detainer against her. (Id. 4–5.) Petitioner now seeks release from custody and return to home confinement pending a decision on her Petition for Writ of Habeas Corpus under 18 U.S.C. § 2241 (ECF No. 1). Respondents argue that the Motion…

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