Yevgeniy Velentino Kostenko v. Warden
5:25-cv-00909
C.D. Cal.Jun 2, 2025Background
- Yevgeniy Velentino Kostenko was arrested in San Luis Obispo County on a fugitive warrant from Oregon in March 2025.
- He was transferred to West Valley Detention Center, San Bernardino County, where an extradition hearing was held, and extradition to Oregon was ordered.
- While in custody, Kostenko filed a habeas corpus petition on a state-court form, challenging the extradition order.
- The court questioned whether the petition was intended for the federal court, as required forms/procedures were not followed.
- Magistrate Judge Kim considered whether the federal court had jurisdiction to hear the petition and ordered Kostenko to clarify his intent and explain why his case should not be dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal Jurisdiction over Habeas Petition | Kostenko seeks federal review of his extradition order | Warden argues federal court lacks jurisdiction for pre-conviction extradition matters | Court holds federal habeas jurisdiction unavailable under both § 2254 and § 2241 |
Key Cases Cited
- Maleng v. Cook, 490 U.S. 488 (Supreme Court defined custody requirement for habeas under § 2254 and excluded pre-conviction/extradition cases)
- Michigan v. Doran, 439 U.S. 282 (Explained narrow scope of habeas review in interstate extradition and the purposes of the Extradition Clause)
- Gee v. State of Kan., 912 F.2d 414 (Extradition grant by asylum state is prima facie evidence that requirements have been met)
- Barton v. Norrod, 106 F.3d 1289 (Ultimately, challenges to extradition become moot upon the fugitive's return to the demanding state)