Sergii Iakobets v. Warden Voorhies, et al.

Summary

The United States District Court for the Northern District of Ohio denied without prejudice Sergii Iakobets’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that Iakobets failed to provide good reason to believe that there was no significant likelihood of his removal to Ukraine in the reasonably foreseeable future under Zadvydas v. Davis. The court relied on evidence that Ukraine had issued a travel document and that removal was being rescheduled after Iakobets missed a previously scheduled flight.

Holdings

1. Iakobets did not meet his initial burden under Zadvydas v. Davis because he provided no sufficient evidence that Ukraine would not accept him or that institutional barriers prevented his removal.
2. The § 2241 petition was denied without prejudice to Iakobets filing a new petition if circumstances change and he can show that there is no significant likelihood of removal in the reasonably foreseeable future.

Questions Presented

1. Whether Iakobets met his initial burden under Zadvydas v. Davis to show good reason to believe that there was no significant likelihood of his removal to Ukraine in the reasonably foreseeable future.
2. Whether continued detention after the expiration of the presumptive six-month period violated the Constitution or 8 U.S.C. § 1231(a)(6).

Disposition

dismissed