Litvinov v. Warden, Otay Mesa Detention Center et al

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25-CV-3393 JLS (AHG)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
VOLODYMYR LITVINOV
Petitioner,
v.
WARDEN OTAY MESA DETENTION
CENTER, et al.
Respondents.
Case No.: 25-CV-3393 JLS (AHG)
ORDER REQURING
SUPPLEMENTAL BRIEFING
(ECF No. 12)
Presently before the Court is Volodymyr Litvinov’s First Amended Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 12). 	Also before the
Court are Respondents’ Return to Amended Habeas Petition (“Ret.,” ECF No. 18) and
Petitioner’s Traverse (“Traverse,” ECF No. 21).
Petitioner alleges that he has been detained by the United States Department of
Homeland Security’s Immigration and Customs Enforcement division at the Otay Mesa
Detention Center since May 30, 2025. Pet. at 2; Ret. at 1. On April 17, 2022, Petitioner
was granted parole, which was valid until April 15, 2023. Ret. at 1. DHS initiated removal
proceedings pursuant to a Notice to Appear at the time it detained Petitioner. Pet. at 4. On
October 17, 2024, an Immigration Judge ordered Petitioner removed to Ukraine. Pet. at 4–
5; Ret. at 2. 	However, Petitioner alleges that he maintained throughout removal
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proceedings that he is not a citizen of Ukraine, as he renounced his citizenship in 2019.1
Pet. at 5. Petitioner further submits that he is a citizen of the Russian Federation and was
granted withholding of removal to Russia. Id. Petitioner appealed the Immigration Judge’s
decision, and his appeal remains pending. Id. He has submitted multiple requests to ICE
for bond and humanitarian parole to no avail.2 Id. at 5–6.
Petitioner alleges this continued detention, now exceeding 180 days, 	violates
Zadvydas v. Davis, 533 U.S. 678 (2001). Id. at 9–12. Because removal proceedings remain
ongoing pending Petitioner’s appeal, the analysis under Zadvydas v. Davis does not apply.
See 533 U.S. at 689. 	Nor is Petitioner a Member of the Bond Eligible Class certified in
Maldonado Bautista v. Santacruz, No. 25-CV-1873-SSS-BFM, --- F. Supp. 3d ---, 2025
WL 3288403 (C.D. Cal. Nov. 25, 2025), contrary to what Petitioner argues in his Traverse,
see generally Traverse, since Petitioner was “apprehended upon arrival.” See Ret., Ex. A
at 2. 	Petitioner likewise is not lawfully subject to mandatory detention under § 1225,
contrary to what Respondents argue, see generally Return, since he is not an applicant for
admission. See Cruz-Flores v. Noem, No. 25-CV-3263 JLS (VET), 2025 WL 3526830, at
*4 (S.D. Cal. Dec. 9, 2025).
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1 Respondents submit that Petitioner is a citizen of both Ukraine and Russia, as he has not offered proof
of his renunciation of Ukrainian citizenship. Ret. at 1 n.2.
2 Respondents submit that Petitioner has twice withdrawn requests for bond and a third request remains
pending. Ret. at 2.
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25-CV-3393 JLS (AHG)
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Because the Court cannot grant relief on the grounds advanced by the Petitioner—
or deny it based on the grounds advanced by Respondents—the Court ORDERS Petitioner
to submit supplemental briefing explaining the proper basis for relief, specifying what
analysis the Court should apply in this case, on or before February 24, 2026. 	Petitioner
must include sufficient facts as to the circumstances of the granting and revocation of his
parole. Petitioner must also include an update as to the outcome of the bond hearing that
was apparently scheduled for January 26, 2026. 	See Ret. 2. 	Respondents SHALL
RESPOND to Petitioner’s briefing on or before March 10, 2026.
IT IS SO ORDERED.
Dated: February 3, 2026
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