M.F.

M.F. v. Warden of Otay Mesa Detention Center, et al.

Good Law
United States District Court, Southern District of CaliforniaJanuary 22, 20263:25-cv-03599California1,874 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 M.F., Case No.: 3:25-cv-3599-CAB-MSB

Petitioner,

ORDER GRANTING PETITION

v. FOR A WRIT OF HABEAS CORPUS

WARDEN OF OTAY MESA DETENTION CENTER, et al., [Doc. No. 1] 15 Respondent.

17 Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Mikhail Furtsev (“Petitioner”). [Doc. No. 1 (“Petition”).] Petitioner asserts he is being detained by Immigration and Customs Enforcement (“ICE”) without a bond hearing in violation of the Fifth Amendment, U.S.C. § 1231(a)(6), and the Administrative Procedure Act. [Id. at 6.] For the following reasons, the Court GRANTS the writ of habeas corpus and ORDERS that Petitioner receive an individualized bond hearing as described below. 25

27 1 Petitioner’s caption is styled M.F. but no motion to proceed pseudonymously has been filed. The Court 28 I. BACKGROUND Petitioner is a native of Ukraine and…

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