Nikolayev
David Viktorovich Nikolayev v. Kristi Noem, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID VIKTOROVICH NIKOLAYEV, Case No.: 25cv3208-LL-BJW
Petitioner,
ORDER GRANTING PETITION
v. FOR WRIT OF HABEAS CORPUS
UNDER 28 U.S.C. § 2241
KRISTI NOEM, et al.,
Respondents. [ECF No. 1]
Pending before the Court is Petitioner David Viktorovich Nikolayev’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1. The matter is fully briefed, and the Court deems it suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1. For the reasons below, the Court GRANTS the Petition for Writ of Habeas Corpus, DENIES AS MOOT the Motion for Temporary Restraining Order, and ORDERS Petitioner’s immediate release from custody. I. BACKGROUND Petitioner was born in the U.S.S.R., now known as Russia, and came to the United States with his family in the early 1990s when he was eight years old. ECF No. 1 (“Pet.”) at 5. He and his family received green…