Grigorii Fedorov v. Warden Adelanto ICE Processing Center
5:25-cv-01956
| C.D. Cal. | Aug 11, 2025Background
- Grigorii Fedorov is being held in federal custody at the Adelanto ICE Processing Center.
- His wife, Marina Fedorova, filed an Emergency Petition for Writ of Habeas Corpus and a Motion for a Temporary Restraining Order (TRO) on his behalf, acting without legal counsel (pro se).
- The TRO seeking Fedorov’s immediate release was previously denied by the court.
- Marina Fedorova names herself as "next friend" but the petition makes clear she, not Grigorii Fedorov, is the filer.
- The court must determine whether Marina Fedorova has legal standing to bring the petition on behalf of her husband.
- The court issued an order for Marina Fedorova to show cause why the petition should not be dismissed for lack of standing by August 25, 2025.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to file habeas petition pro se | Marina Fedorova seeks relief for husband as his wife and “next friend.” | (None presented; no defense counsel present) | Marina Fedorova does not have standing because she is not a lawyer and has not shown she qualifies as Grigorii’s “next friend.” |
Key Cases Cited
- Whitmore v. Arkansas, 495 U.S. 149 (U.S. 1990) (articulating requirements for next friend standing in habeas corpus actions)
- Simon v. Hartford Life, Inc., 546 F.3d 661 (9th Cir. 2008) (pro se representation limitations do not extend to representation of others)
- C.E. Pope Equity Tr. v. U.S., 818 F.2d 696 (9th Cir. 1987) (non-attorneys may not appear or seek relief for others in federal court)
- Brewer v. Lewis, 989 F.2d 1021 (9th Cir. 1993) ("next friend" must establish inmate’s incompetency to assert his own rights)