Karamychev Andrei Vladimirovitch v. Department of Homeland Security
Karamychev Andrei Vladimirovitch v. Department of Homeland Security
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 3
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6 KARAMYCHEV ANDREI ) Case No. 5:25-cv-01620-SB-JC 7 VLADIMIROVITCH, ) Petitioner, ) ORDER ACCEPTING FINDINGS AND 8 ) v. RECOMMENDATIONS OF UNITED STATES 9 ) MAGISTRATE JUDGE ) 10 DEPARTMENT OF ) 11 HOMELAND SECURITY, ) Respondent. 12 _________________________________ 13
14 Pursuant to
28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas 15 Corpus (“Petition”), Respondent’s motion to dismiss the petition, the parties’ briefing on the 16 motion, Petitioner’s “Statement of Facts [and] Motion to Release,” Petitioner’s “Request for 17 Case Discovery,” Petitioner’s multiple other submissions/requests, and all of the records 18 herein, including the Report and Recommendation of United States Magistrate Judge. The 19 time for filing objections to the Report has passed, and none has been filed. 20 Accordingly, the Court accepts the findings and recommendations set forth in the 21 Report and Recommendation.1 It is ordered that: (1) the motion to dismiss is granted; (2) the 22 23
24 1 The detention is lawful because it has not exceeded the presumptively reasonable six- 25 month post-removal period. See Zadvydas v. Davis,
533 U.S. 678(2001) (holding that six months is a presumptively reasonable period of detention to secure an alien’s removal 26 after the 90-day removal period). The Court therefore does not reach the question 27 whether Petitioner’s detention on criminal charges restarted the 90-day period under
8 U.S.C. § 1231(a)(1)(B)(iii). See Diaz-Ortega v. Lund, No. 1:19-CV-670,
2019 WL 286003485, at *8 (W.D. La. Oct. 15, 2019) (discussing split in authority on this issue). 1 || Petition and Petitioner’s other requests (including the motion to release and motion for 2 || discovery) are denied; (3) the Petition and this action are dismissed without prejudice to 3 || Petitioner filing a petition if the circumstances of his detention become unlawful; and (4) 4 || judgment shall be entered dismissing this action without prejudice. 5 6 7 || DATED: October 20, 2025 0° ie 9 Stanley Blumenfeld, Jr. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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