Stateless man held months by ICE wins magistrate's recommendation for release
Jun 9, 2025·Location: Estancia, NM
Country of origin: Kazakhstan

Sergei Izbitski, a 46-year-old who has lived in the U.S. since 1991 after leaving Kazakhstan as a boy, was arrested by ICE on June 9 and held at the Torrance County Detention Facility in New Mexico. He is stateless, not a citizen of Kazakhstan, owns a home and runs his own business, and has no criminal record. On December 29, 2025, a federal magistrate judge recommended that a district court grant his habeas corpus petition, finding his continued detention unconstitutional under Zadvydas v. Davis because there is no significant likelihood of his removal in the reasonably foreseeable future. The recommendation follows a habeas petition Izbitski filed in August 2025 after being held for months without a bond hearing.
Sources
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