United States District Court, S.D. Illinois
VADIM SERGEYEVICH KRASNYANSKIY, No. 071-371-622, Petitioner,
LORETTA LYNCH, JEFF CHARLES JOHNSON, RICARDO A. WONG, SOUTHERN DISTRICT of ILLINOIS (Field Office), and WARDEN, Respondents.
MEMORANDUM AND ORDER
R. Herndon, District Judge:
Krasnyanskiy is currently imprisoned at the Pulaski County
Detention Center in Ullin, Illinois (Doc. 1). Proceeding
pro se, he filed the instant petition for a writ of
habeas corpus under 28 U.S.C. § 2241 to challenge his
was born in the former Soviet Republic of Azerbaijan in 1986.
(Doc. 1, p. 2; Doc. 1-1, p. 1). He lawfully entered the
United States as a refugee in May 1997. He was later
convicted of burglary, larceny from a building, and marijuana
possession. (Doc. 1-1, p. 3).
order for petitioner's removal from the United States was
issued on May 5, 2016. The designated country to receive him
is Armenia. However, the Armenian government has refused to
issue a travel document for petitioner. (Doc. 1, p. 2).
has been detained in the custody of Immigration and Customs
Enforcement (ICE) for more than 6 months. He contends that
the government of Armenia has stated that no travel documents
will be issued for him, and there is no evidence that travel
documents will be forthcoming in the future. (Doc. 1, pp.
2-4). Because his country of origin (Azerbaijan) no longer
exists, and he is not a citizen of Armenia, he is a
“stateless person.” (Doc. 1, p. 4). Due to the
length of petitioner's detention, the denial of travel
documents by Armenia, his claim that he does not pose a
danger to the public, and the availability of housing with
his grandmother who is a naturalized U.S. citizen, petitioner
argues that he should be released on supervision. See
Zadvydas v. Davis, 533 U.S. 678 (2001).
commenting on the merits of petitioner's claims, the
Court concludes that the petition survives preliminary review
under Rule 4 and Rule 1(b) of the Rules Governing Section 2254
Cases in United States District Courts, and a response shall
petitioner has named several respondents who are not proper
in a § 2241 action. In Kholyavskiy v. Achim,
443 F.3d 946, 952-53 (7th Cir. 2006), the Seventh Circuit
held that an immigration detainee raising substantive and
procedural due process challenges to his “confinement
while awaiting removal” could only name the person who
has immediate custody of him during his detention, and not
high-level Immigration and Customs Enforcement officials or
the Attorney General. Accordingly, all defendants other than
the Warden of the Pulaski County Detention Center shall be
dismissed from this case.
Motion for Appointment of Counsel (Doc. 2) and the Motion to
Stop Transfer (Doc. 3) are REFERRED to the United States
Magistrate Judge for consideration.
HEREBY ORDERED that Attorney General Loretta Lynch, DHS
Secretary Jeff Charles Johnson, Ricardo A. Wong, and the
Southern District of Illinois Field Office (which is not a
person) are DISMISSED from this action.
FURTHER ORDERED that the Warden of the Immigration Detention
Facility/Pulaski County Detention Center shall answer the
petition within thirty days of the date this order is
entered. This order to respond does not preclude
the respondent from making whatever waiver, exhaustion, or
timeliness arguments it may wish to present to the Court.
Service upon the Warden of the Immigration Detention
Facility/Pulaski County Detention Center, 20 Justice Drive,
Ullin, Illinois, 62992 shall constitute sufficient service.
to Federal Rule of Civil Procedure 4(i), the CLERK is
DIRECTED to send a copy of the letter constituting service,
the petition, and this Order to the United States Attorney
for the Southern District of Illinois, 750 Missouri Avenue,
East St. Louis, and to send a copy of the letter constituting
service, petition, and Order via registered or certified mail
to the United States Attorney General in Washington, D.C.,
and to the United States Department of Homeland Security.
FURTHER ORDERED that, pursuant to Local Rule 72.1(a)(2), this
cause is REFERRED to Magistrate Judge Clifford J. ...