Dmitrii Markov v. Christopher J. Larose, Field Office Director, U.S. Immigration and Customs Enforcement, San Diego Field Office, et al.

Summary

The United States District Court for the Southern District of California denied Dmitrii Markov’s 28 U.S.C. § 2241 petition challenging his prolonged immigration detention without a bond hearing. The court held that 8 U.S.C. § 1252(g) did not bar jurisdiction over his due process claim, but concluded that the length of detention, without more, did not establish an unreasonable detention or a significant likelihood that removal would not occur in the reasonably foreseeable future. The petition was denied with leave to amend within 21 days.

Holdings

1. Section 1252(g) did not strip the district court of jurisdiction because Petitioner challenged prolonged detention and the denial of a bond hearing, not the decision to commence removal proceedings, adjudicate his case, or execute a removal order.
2. Petitioner failed to establish that his detention was unreasonably prolonged or that there was good reason to believe there was no significant likelihood of removal in the reasonably foreseeable future; the length of detention, without more, did not render the detention unreasonable.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over a habeas petition challenging prolonged immigration detention without a bond hearing.
2. Whether Petitioner's detention under 8 U.S.C. § 1225 had become unreasonably prolonged and therefore violated due process.

Disposition

dismissed