Horben v. U.S. Immigration and Customs Enforcement

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTON HORBENKO
Petitioner,
v. 	No. 2:25-cv-0764 WJ/DLM
DORA CASTRO, WARDEN, et al.,
Respondents.
Consolidated with
OLESKII VERMENYCH,
Petitioner,
v. 	No. 2:25-cv-0767 WJ/DLM
DORA CASTRO, WARDEN, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition, filed February 11, 2026 (PFRD). (Doc. 36.) The PFRD addresses
the consolidated habeas petitions of Anton Horbenko and Oleskii Vermenych, each brought
pursuant to 28 U.S.C. § 2241 and challenging the legality of their continued immigration
detention. (See 2:25‑cv‑0764, Doc. 10; 2:25‑cv‑0767, Doc. 8.) In the PFRD, Judge Martínez
recommends: (1) granting Petitioner Horbenko’s habeas petition and ordering his release
under appropriate conditions of supervision; (2) denying Petitioner Vermenych’s habeas
petition; and (3) denying Petitioners’ remaining motions as moot. (See Doc. 36 at 14–15.)
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The PFRD notified the parties of their ability to file objections within 14 days and that
failure to do so waives appellate review. (Id. at 15.) 	To date, neither party has filed any
objections, and there is nothing in the record indicating that the proposed findings were not
delivered.
IT IS THEREFORE ORDERED that the PFRD (Doc. 36) is ADOPTED;
IT IS FURTHER ORDERED that Petitioner Horbenko’s Amended Petition for Writ
of Habeas Corpus (2:25‑cv‑0764, Doc. 10) is GRANTED, and he shall be released from
custody under appropriate conditions of supervision pursuant to 8 U.S.C. § 1231(a)(3) and/or
Form I-220B;
IT IS FURTHER ORDERED that Petitioner Vermenych’s Amended Petition for
Writ of Habeas Corpus (2:25‑cv‑0767, Doc. 8) is DENIED;1
IT IS FURTHER ORDERED that Respondents shall file a status report within seven
days of the entry of this Order confirming compliance with the Court’s directive to release
Petitioner Horbenko under appropriate conditions of supervision pursuant to 8 U.S.C.
§ 1231(a)(3). The status report shall detail the terms of release, the date and manner in which
release was effectuated, and any conditions of supervision imposed;
IT IS FURTHER ORDERED that Petitioners’ remaining motions—namely, the
Petition for Review, Motion to Stay Removal, and Request for Voluntary Departure (Doc.
1 The Court denies Vermenych’s petition based on the present statutory basis for his detention. As explained in the
PFRD, Vermenych is currently detained under 8 U.S.C. § 1225(b)(2) as an arriving alien in ongoing § 240 removal
proceedings following a positive credible‑fear determination. (See Doc. 36 at 10–14.) His detention therefore falls
outside the post‑order framework addressed in Zadvydas v. Davis, 533 U.S. 678 (2001). Should Vermenych later
receive a final order of removal, the statutory authority governing his detention would shift to 8 U.S.C. § 1231(a), and
any challenge to post‑order detention would arise under a different legal framework. Nothing in this Order precludes
Vermenych from filing a new habeas petition if his circumstances materially change.
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20); the Motion for Release from ICE Custody (Doc. 21); the Motion to Set Deadlines for
Removal (Doc. 32); the Motion for Order (Doc. 33); the Motion to Finalize the Matter (Doc.
35); and the Motion to Resolve Matter and Release From Supervision (Doc. 37)—are
DENIED AS MOOT.
/s/____________________________________
WILLIAM P. JOHNSON
SENIOR UNITED STATES DISTRICT JUDGE
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