Case Name in Immigration Case - Unavailable

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3:26-cv-5671-JES-GC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DARYA ARTSIUSHENKA,
Petitioner,
v.
CHRISTOPHER LaROSE; PATRICK
DIVVER; TODD LYONS;
MARKWAYNE MULLIN; ACTING
ATTORNEY GENERAL OF THE
UNITED STATES; U.S. DEPARTMENT
OF HOMELAND SECURITY; and U.S.
IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Respondents.
Case No.: 3:26-cv-5671-JES-GC
ORDER GRANTING PETITION
FOR WRIT OF HABEAS CORPUS
[ECF No. 1]
Before the Court is Petitioner Darya Artsiushenka’s (“Petitioner”) Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Pursuant to the Court’s Order
to Show Cause (ECF No. 2), Respondents filed a return to the petition. ECF No. 4.
Petitioner is a native of Belarus who came to the United States on July 14, 2022.
ECF No. 1 ¶ 20. She was paroled into the United States at that time on a form of
humanitarian parole, noted by her class of admission as “DT.”1 Id. From that date through
1 Customs and Borders Protection (“CBP”) uses the code “DT” to indicate that the noncitizen was paroled
into the United States through humanitarian parole under 8 § 1182(d)(5). See
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September 15, 2026, she alleges that she remained at liberty within the United States, while
she and her husband settled in North Carolina and filed for asylum. Id. ¶ 22. She obtained
employment and built her life in her community while pursuing her asylum claim,
attending all immigration hearings and ICE check-ins. Id. ¶¶ 23-24. On September 15,
2026, Petitioner was detained at her scheduled ICE check-in in North Carolina, and was
later transferred to Otay Mesa Detention Center, where she is currently held. Id. ¶¶ 25-27,
30. Petitioner alleges that she was never provided with any notice or opportunity to be
heard before her detention, and that no changed circumstance exists that would justify
revocation of her prior release. Id. ¶¶ 28-29.
In their return, Respondents acknowledge that Petitioner had previously been
released on humanitarian parole pursuant to 8 U.S.C. § 1182(d)(5). ECF No. 4 at 2.
Respondents further state that they do not oppose the petition and “defer to the Court as to
the appropriate relief.” Id. at 3.
In light of Respondents’ statements, the Court will decline to engage in a full analysis
of the claims as well. Petitioner states that she was previously released by the government
in July 2023. Many courts, including this one, have repeatedly held that a prior grant of
release, including humanitarian parole, raises a liberty interest for the petitioner and entitles
the petitioner to due process rights under procedural due process. See, e.g., Mohammadi v.
Larose, No. 3:25-CV-3450-JES-BJW, 2025 WL 3731737, at *3 (S.D. Cal. Dec. 26, 2025);
Isoev v. Larose, No. 26-CV-1361-JES-DDL, 2026 WL 776308 (S.D. Cal. Mar. 19, 2026).
Accordingly, the Court adopts its prior reasoning and finds that due process requires release
of Petitioner here.
Thus, the Court GRANTS Petitioner’s writ of habeas corpus. Respondents are
ORDERED to immediately release Petitioner from custody, subject to any conditions of
her prior release that existed at the time she was re-detained.
//
https://www.cbp.gov/sites/default/files/assets/documents/2024-
Jan/Humanitarian%20Parole%20Part%201.pdf (last visited October 6, 2026).
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The Parties are ORDERED to file a Joint Status Report by October 14, 2026,
confirming that Petitioner has been released.
The Clerk of Court is ORDERED to CLOSE this case.
IT IS SO ORDERED.
Dated: October 8, 2026
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