Koreyev v. Jones et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Nikolay Koreyev,
Petitioner,
v.
Luis Rosa, Jr.,
Respondent.
No. CV-25-04880-PHX-DWL
ORDER
This is a habeas corpus action under 28 U.S.C. § 2241. (Doc. 1.) It was referred to
Magistrate Judge Fine “for further proceedings and a report and recommendation.” (Doc.
3 at 4.) On March 6, 2026, Respondents filed a notice that they “do not oppose an[] order
for the release of the Petitioner.” (Doc. 25.) Accordingly, on March 9, 2026, Judge Fine
issued a report and recommendation (“R&R”) recommending that the petition be granted
and that Petitioner be immediately released from immigration custody. (Doc. 26 at 7.)
Although the R&R also provided the parties with 14 days to file objections (id. at
7-8), it would be unnecessary and improper to wait 14 days before taking action here, given
Respondents’ concession that Petitioner is entitled to immediate release.
Accordingly,
IT IS ORDERED that:
1. The R&R (Doc. 26) is adopted.
2. The petition (Doc. 1) is granted. Respondents must immediately release
Petitioner from custody under the same conditions that existed before detention.
Case 2:25-cv-04880-DWL Document 27 Filed 03/09/26 Page 1 of 2

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3. Respondents must provide a notice of compliance within two business days
of Petitioner’s release.
4. Any pending motions are denied as moot and the Clerk of Court shall enter
judgment in Petitioner’s favor and close this case.
Dated this 9th day of March, 2026.
Case 2:25-cv-04880-DWL Document 27 Filed 03/09/26 Page 2 of 2