Detainee seeks holiday release

Grigoryan held at Moshannon Valley facility for more than a year

An inmate at the Moshannon Valley Processing Center, which houses migrants, this week filed a petition in the U.S. District Court Johnstown stating he has been in federal custody for over a year, and now seeks his release so he can celebrate Christmas with his family.

Andranik Grigoryan, 37, a native of Uzbekistan, as a child came to the United States with his family to escape religious persecution.

He was granted asylum on May 17, 2000, but that status was terminated on Sept. 15, 2022, after he was convicted of a crime.

He has since been granted a deferral of removal from the United States under the Convention Against Torture, a treaty that prohibits returning a person to a nation where he is apt to suffer cruel treatment.

The Department of Homeland Security is appealing the deferral ruling by an immigration judge.

"Mr. Grigoryan is now being held at the Moshannon Valley Processing Center (located in Philipsburg) where he has been an inmate since December 7, 2023," according to the petition filed by attorney Alexander Susi of Brooklyn, N.Y.

He claims that Grigoryan has been separated from his family, who are all United States citizens or lawful permanent residents of the United States.

The petition also notes that the MVPC inmate suffers from ill health and that his condition has worsened during his stay in the institution.

Despite his worsening medical condition, Grigoryan's residency at Moshannon Valley could last for many more months while the Department of Homeland Security seeks an alternative country (other than Uzbekistan) where he can reside.

His family is concerned "that during his extended stay, his (health) will continue to become more severe," his attorney stated.

He also concluded that it is unlikely DHS will be able to find a country that will take him.

His client, according to the petition, faces torture if he is returned to Uzbekistan, due to his religion.

Grigoryan is described in the petition as a "devout Christian."

"Torture (which he faces if sent to his native Uzbekistan) is rooted entirely in his deeply held faith," the petition stated.

His attorney summed up by noting Grigoryan "respectfully implores this court to grant him the dignity of spending Christmas -- a sacred and holy day for Christians -- at home with his loved ones, rather than enduring continued needless detention during this spiritually significant time."

The petition asks that Grigoryan be released immediately, either on his own recognizance or on bond.

U.S. Magistrate Judge Keith A. Pesto, who presides in Johnstown, was assigned to the case for review on Monday.

The named defendants include: the warden at the Moshannon Valley Processing Center, Leonard Oddo; Attorney General Merrick Garland; the Acting Director of Immigration and Customs Enforcement Patrick Lechleiter; and the Secretary of the Department of Homeland Security, Alejandro Mayorkas.