govinfo:USCOURTS-casd-3_26-cv-02517-1

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26-CV-2517 JLS (DEB) 
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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
ANDREI BIKMASOV, 
Petitioner, 
v. 
OTAY MESA DETENTION CENTER, 
WARDEN, et al., 
Respondents. 
 Case No.:  26-CV-2517 JLS (DEB) 
 
ORDER GRANTING IN PART 
AMENDED PETITION FOR WRIT 
OF HABEAS CORPUS 
 
(ECF No. 11) 
Presently before the Court is Petitioner Andrei Bikmasov’s Amended Petition for 
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 11).  Also before 
the Court are Respondents’ Response to Petition (“Ret.,” ECF No. 12) and Petitioner’s 
Traverse (“Traverse,” ECF No. 13).  Petitioner, a native and citizen of Russia, alleges that 
he has been detained by the United States Department of Homeland Security’s (“DHS”) 
Immigration and Customs Enforcement (“ICE”) division at the Otay Mesa Detention 
Center since June 2025 .  Pet  at 2.  Petitioner argues that he is entit led to release under 
Zadvydas v. Davis, 533 U.S. 678 (2001), as he has been detained for over eleven months 
and removal is not reasonably foreseeable.  Id. 
Respondents submit that they were “unable to ascertain sufficient facts at this time 
to establish that there is a significant likelihood of removal in the reasonably foreseeable 
future,” and thus, “acknowledge that Petitioner is entitled to be released from custody 
Case 3:26-cv-02517-JLS-DEB     Document 14     Filed 06/16/26     PageID.<pageID> 
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subject to conditions of supervision.”  Ret. at 1.  The Court finds that Petitioner is entitled 
to release.  See, e.g., Azzo v. Noem, No. 3:25-CV-03122-RBM-BJW, 2025 WL 3535208, 
at *3–4, 8 (S.D. Cal. Dec. 10, 2025) (granting release because there was not a significant 
likelihood of removal in the reasonably foreseeable future); Gharakhan v. Noem, No. 25-
CV-02879-DMS-AHG, 2025 WL 3539161 , at *2 –3 (S.D. Cal. Dec. 10, 2025)  (same); 
Grishchenko v. Noem, No. 25-CV-3514-JES-JLB, 2025 WL 3675070, at *2–3 (S.D. Cal. 
Dec. 17, 2025) (same). 
Accordingly, the Court GRANTS IN PART  the Amended Petition for a Writ of 
Habeas Corpus (ECF No. 1), and ORDERS Respondents to immediately release Petitioner 
from custody.  The Court ORDERS, prior to any re-detention of Petitioner, that Petitioner 
is entitled to notice of the reasons for revocation of her release and a hearing before a 
neutral decision maker to determine whether detention is warranted.  The Government shall 
bear the burden of establishing, by clear and convincing evidence, that Petitioner po ses a 
danger to the community or a risk of flight.  The Parties are ORDERED to file a Joint 
Status Report by Ju ly 7 , 2026 , confirming that Petitioner has been released.   As this 
concludes the litigation in this matter, the Clerk of Court SHALL CLOSE the file. 
 IT IS SO ORDERED. 
Dated:  June 16, 2026 
 
 
 
 
 
 
 
 
 
Case 3:26-cv-02517-JLS-DEB     Document 14     Filed 06/16/26     PageID.<pageID> 
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