Yusov v. Shaughnessy

Second Circuit

Yusov v. Shaughnessy

396 F. App'x 780

CourtCourt of Appeals for the Second Circuit

DecidedOctober 22, 2010

Docket09-5163-pr

StatusUnpublished

Cited by2 cases

This text of 396 F. App'x 780 (Yusov v. Shaughnessy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yusov v. Shaughnessy, 396 F. App'x 780 (2d Cir. 2010).

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Opinion

SUMMARY ORDER

Petitioner-Appellant Yuri Yusov, pro se, appeals from the November 20, 2009 judgment of the United States District Court for the Southern District of New York (Sand, J.) denying his 28 U.S.C. § 2241 petition. We assume the parties’ familiarity with the underlying facts and the procedural history of the case.

This Court reviews the denial of a § 2241 petition de novo. See Armstrong v. Guccione, 470 F.3d 89, 96 (2d Cir.2006). Having reviewed the appellant’s contentions on appeal and the record of proceedings below, we affirm for substantially the same reasons stated by the district court in its thorough opinion.

We note, however, that while the appellant’s broad-based attack on the conditions of his release is without merit, our rejection of that attack does not represent an endorsement of the reasonableness of any particular condition. As the government pointed out at oral argument, the appellant remains free to request changes in those conditions from the agency, and to pursue administrative appeals of the denial of any such requests. The dismissal of the present action is without prejudice to any avenue of judicial review that may be available to the appellant to challenge any final decision of the agency rejecting such specific requests.

Accordingly, the judgment of the district court is AFFIRMED.

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SUMMARY ORDER

Petitioner-Appellant Yuri Yusov, pro se, appeals from the November 20, 2009 judgment of the United States District Court for the Southern District of New York (Sand, J.) denying his 28 U.S.C. § 2241 petition. We assume the parties’ familiarity with the underlying facts and the procedural history of the case.

This Court reviews the denial of a § 2241 petition de novo. See Armstrong v. Guccione, 470 F.3d 89, 96 (2d Cir.2006). Having reviewed the appellant’s contentions on appeal and the record of proceedings below, we affirm for substantially the same reasons stated by the district court in its thorough opinion.

We note, however, that while the appellant’s broad-based attack on the conditions of his release is without merit, our rejection of that attack does not represent an endorsement of the reasonableness of any particular condition. As the government pointed out at oral argument, the appellant remains free to request changes in those conditions from the agency, and to pursue administrative appeals of the denial of any such requests. The dismissal of the present action is without prejudice to any avenue of judicial review that may be available to the appellant to challenge any final decision of the agency rejecting such specific requests.

Accordingly, the judgment of the district court is AFFIRMED.

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Bluebook (online)

396 F. App'x 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yusov-v-shaughnessy-ca2-2010.

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