Nikolay Koreyev v. R. Jones, et al.

Summary

A United States District Court for the District of Arizona Report and Recommendation addresses Nikolay Koreyev’s 28 U.S.C. § 2241 petition challenging his continued immigration detention under Zadvydas v. Davis. The magistrate judge recommends granting the petition and ordering Koreyev’s immediate release because the government did not show a significant likelihood of removal in the reasonably foreseeable future and did not oppose release.

Holdings

1. The District of Arizona retained jurisdiction over the § 2241 petition because Koreyev was confined in that district when the petition was filed, and his subsequent transfer did not destroy jurisdiction.
2. Koreyev's continued immigration detention was unlawful because he had shown that removal was not significantly likely in the reasonably foreseeable future, and respondents failed to rebut that showing with sufficient evidence.

Questions Presented

1. Whether the court retained jurisdiction over the § 2241 petition after Koreyev was transferred from detention in Arizona to a facility in California.
2. Whether Koreyev's continued detention under 8 U.S.C. § 1231(a)(6) violated Zadvydas v. Davis because removal was not significantly likely to occur in the reasonably foreseeable future.
3. Whether the petition should be granted and Koreyev immediately released from immigration detention.

Disposition

remanded