Markov
Vladimir Markov v. Warden, Otay Mesa Detention Center
Opinion
Trial Court Opinion
I. BACKGROUND
24 On June 1, 2025, Petitioner, a Russian citizen, applied for admission to the United 25 States at a port of entry. [Id. at 2.] He did not possess valid documentation allowing him 26 to legally enter and was thus taken immediately into immigration custody and placed in 27 expedited removal proceedings pursuant to 8 U.S.C. § 1225(b)(1). [Id.] Petitioner then 28 expressed a fear of returning to Russia, was interviewed, and received a positive credible fear determination. [Id. at 5; Petition at 9.] Petitioner has remained in ICE custody since. He is currently detained at Otay Mesa Detention Center (“OMDC”). Petitioner challenges that his detention without a bond hearing violates the Due Process Clause of the Fifth Amendment. [Petition at 11–12.] Petitioner also alleges that he has not received sufficient medical care for his condition of pulmonary sarcoidosis. [Id. at 9, 12.] II. LEGAL STANDARD A writ of habeas corpus challenges the legality of a petitioner’s custody and seeks to secure release from that illegal custody. Under 28 U.S.C. § 2241, a district court may grant a writ of habeas corpus when the…