Nigiematulina v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RENATA NIGIEMATULINA,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00359-BAS-BJW
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
(ECF No. 1)
On November 18, 2025, the Court denied without prejudice Renata Nigiematulina’s
request for release in Case No. 25-cv-02933-BAS-BJW. (ECF No. 11 in No. 25-cv-2933.)
The Court reasoned that Petitioner had been in detention for less than six months following
a final order of removal, which is presumptively reasonable under Zadvydas v. Davis, 533
U.S. 678 (2001). (Id.)
Petitioner 	filed 	a 	renewed 	Petition 	for 	Writ 	of 	Habeas 	Corpus 	under
28 U.S.C. § 2241 because the six-month period had passed. (ECF No. 1.) The Court held
a hearing on the renewed Petition.
For the reasons expressed at the hearing, the Court 	GRANTS 	the Petition.
Specifically, the Court finds Petitioner’s detention violates Zadvydas v. Davis, 533 U.S.
Case 3:26-cv-00359-BAS-BJW Document 7 Filed 01/30/26 PageID.<pageID> Page
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678 (2001), because there is no reasonable likelihood of removal in the reasonably
foreseeable future. Accordingly, the Court issues the following writ:
The 	Court 	ORDERS 	Respondents 	to 	immediately 	release 	Renata
Nigiematulina, A244-037-142, from custody.
The Court also finds it appropriate to grant permanent injunctive relief as follows:
Respondents 	are 	PROHIBITED 	from removing 	Renata Nigiematulina,
A244-037-142, without providing Petitioner and her counsel with notice of
the country Respondents plan to remove her to and an opportunity to be heard.
Respondents are PROHIBITED from re-detaining Renata Nigiematulina,
A244-037-142, for removal unless Respondents have obtained a travel
document to effectuate removal.
The Clerk of Court shall close the case.
IT IS SO ORDERED.
DATED: January 30, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00359-BAS-BJW Document 7 Filed 01/30/26 PageID.<pageID> Page
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