{"id":197304,"date":"2026-02-28T00:47:07","date_gmt":"2026-02-28T00:47:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/197304\/"},"modified":"2026-02-28T00:47:07","modified_gmt":"2026-02-28T00:47:07","slug":"s-f-tenant-detained-by-ice-may-automatically-lose-eviction-hearing","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/197304\/","title":{"rendered":"S.F. tenant detained by ICE may automatically lose eviction hearing\u00a0"},"content":{"rendered":"<p>A San Francisco tenant from Russia in federal immigration custody is being evicted by his landlord in absentia. He is set to lose his housing Monday due to his inability to appear in court.\u00a0<\/p>\n<p>On Monday morning, the 42-year-old, who fled Russia due to political persecution, will be nowhere near the McCallister Street eviction court where his case is scheduled to be heard. Mission Local is not identifying the man by name for fear of repercussion from federal immigration agents.<\/p>\n<p>Lawyers representing the San Francisco landlord have refused to reschedule the man\u2019s eviction hearing even though they are aware of the tenant\u2019s detention by Immigration and Customs Enforcement, according to attorneys with the nonprofit Eviction Defense Collaborative, which has been working with the tenant since he first received notification of his eviction at the end of October.\u00a0\u00a0<\/p>\n<p>The legal firm for the landlord, a limited liability corporation titled 33 8th Street, declined a request to postpone the trial, saying that the Eviction Defense Collaborative is not the \u201cattorney of record\u201d and cannot ask for a continuance.\u00a0<\/p>\n<p>That firm, Bornstein Law, did not respond to multiple requests for comment, nor did the people behind the LLC. Trinity Properties, one of San Francisco\u2019s largest landlords, which <a href=\"https:\/\/www.trinitysf.com\/san-francisco-apartments\/\" rel=\"nofollow noopener\" target=\"_blank\">owns a building<\/a> at that address, also did not respond.<\/p>\n<p>Under normal circumstances, the man would have to appear in court to ask for his eviction trial to be postponed. But because he is in a detention center, he cannot do so. ICE did not respond to requests for comment about whether they would allow the man to appear, even virtually.<\/p>\n<p>The building the tenant is being evicted from appears to be <a href=\"https:\/\/33-8thapts.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Trinity Place<\/a> at 33 Eighth St. Mission Local reached out to Ashish Bartaula, the agent for 33 8th Street LLC, which is filing the suit. Bartaula did not return phone calls.\u00a0<\/p>\n<p>The Russian immigrant has been detained since Jan. 5, and is currently under ICE custody at the California City Detention Center, an immigration detention center in a former men\u2019s prison about 100 miles north of Los Angeles.\u00a0<\/p>\n<p>His \u201cno-show\u201d will result in his eviction, according to the Eviction Defense Collaborative, which represents tenants pro-bono. In San Francisco, tenants are entitled by law to an attorney in eviction cases, and the 42-year-old showed up to the nonprofit for an intake as part of the process of getting representation in November.<\/p>\n<p>The man is being evicted for alleged nonpayment of rent. Jessica Santillo, another attorney with Eviction Defense Collaborative, said it takes the landlord \u201cat their word\u201d about the rationale but wants the man to have his time in front of a judge.\u00a0<\/p>\n<p>\u201cEveryone deserves their day of court. To have due process they need to be able to participate in their case,\u201d she said. \u201cIf the landlord is true to their word and is seeking repayment, that is best facilitated by participation of the tenant.\u201d\u00a0<\/p>\n<p>This tenant\u2019s case raises questions about how people in immigration detention across the country may be denied due process to appear for non-immigration court hearings, such as civil suits, housing court or family court.\u00a0<\/p>\n<p>When individuals are incarcerated in jails or prisons, it is never a problem to represent them, said Ora Prochovnick, the director of litigation and policy at the Eviction Defense Collaborative \u2014 attorneys <a href=\"https:\/\/missionlocal.org\/2025\/10\/sf-inmate-attorney-visits-strip-search-body-scan\/\" rel=\"nofollow noopener\" target=\"_blank\">simply visit their clients<\/a> behind bars, the clients appear virtually or the lawyer gets permission to represent the client on their behalf.\u00a0<\/p>\n<p>But in this instance, the eviction nonprofit has not received a response from the ICE detention center where the tenant is being held and has been unable to reach their client.\u00a0<\/p>\n<p>\u201cWhat I regret is that if he returns home, he won\u2019t have a home to return to, and how extremely unfair that is,\u201d said Prochovnick.\u00a0<\/p>\n<p>\u201cSan Francisco voters created a tenant rights counsel program because we realized housing is a necessity and the importance of having a day in court. This person is being denied their due process because of the federal government\u2019s approach to immigration issues,\u201d said Prochovnick.\u00a0<\/p>\n<p>Himanshu Khatri, the immigration attorney working to get the man released from detention, said the episode is a travesty of justice.\u00a0<\/p>\n<p>It is \u201cvery unprofessional and very opportunistic\u201d for the landlord to do this, he said, \u201cbecause they know he can\u2019t be present because he is detained.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A San Francisco tenant from Russia in federal immigration custody is being evicted by his landlord in absentia.&hellip;\n","protected":false},"author":2,"featured_media":197305,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30],"tags":[14,101,103,102,104,106,105],"class_list":{"0":"post-197304","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-san-francisco","8":"tag-immigration","9":"tag-san-francisco","10":"tag-san-francisco-headlines","11":"tag-san-francisco-news","12":"tag-sf","13":"tag-sf-headlines","14":"tag-sf-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/197304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=197304"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/197304\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/197305"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=197304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=197304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=197304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}