Eastern District of California • 1:26-cv-00046
(HC) Kostarev v. Department of Homeland Security
Active
Case Information
Filed: January 05, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Helena Barch-Kuchta
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 05, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against United States Immigration and Customs Enforcement, Department of Homeland Security by Gennadii Aleksandrovich Kostarev. RECEIPT NUMBER 100006802 for the filing fee in the amount of $5.00 paid on 1/5/2026 by Gennadii Kostarev (self). (Deputy Clerk CRM) (Entered: 01/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/9/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 01/06/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 06, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Gennadii Aleksandrovich Kostarev. (Deputy Clerk CRM)
Jan 06, 2026
Service by Mail
#3
Jan 09, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#4
Jan 13, 2026
SUPPLEMENTAL Declaration in Support of 1 Petition for Writ of Habeas Corpus by Gennadii Aleksandrovich Kostarev. (Deputy Clerk OFR) (Entered: 01/13/2026)
Main Document:
SUPPLEMENTAL
#5
Jan 13, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk OFR) (Entered: 01/13/2026)
Main Document:
CONSENT/DECLINE
#6
Jan 13, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ). Petitioner asserts that he has been detained since September 8, 2025, and he has not been provided a bond hearing. He fails to explain his delay in seeking his request for a temporary restraining order. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b).However, the filings raise serious questions as to the process Petitioner has received in relation his detention. Thus, the Court converts the TRO to a motion for preliminary injunction and refers the matter to the assigned magistrate judge to determine as soon as possible. No later than January 16, 2026, Petitioner SHALL notify the United States Attorney's Office via email to usacae.ecf2241-imm@usdoj.gov of this action by providing the case number, Petitioner's full name and his A-file number. The Clerk of Court shall serve Respondents with a copy of the Petition, the motion for temporary restraining order, and accompanying papers, along with a copy of this order to usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on January 13, 2026. (Deputy Clerk IM) (Entered: 01/13/2026)
Jan 13, 2026
Order on Motion for TRO
Jan 13, 2026
SERVICE BY MAIL: 6 Minute Order on Motion for TRO served on Gennadii Aleksandrovich Kostarev. (Deputy Clerk IM)
Jan 13, 2026
Service by Mail
#7
Jan 16, 2026
06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 16, 2026
SERVICE BY MAIL: 7 Order served on Gennadii Aleksandrovich Kostarev. (Deputy Clerk OFR)
Jan 16, 2026
Service by Mail
#8
Jan 26, 2026
Notice (Other)
Main Document:
Notice (Other)
#9
Jan 26, 2026
SUPPLEMENTAL DECLARATION in Support of Petition for Writ of Habeas Corpus by Gennadii Aleksandrovich Kostarev. (Deputy Clerk AML) (Entered: 01/26/2026)
Main Document:
SUPPLEMENTAL
#10
Feb 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Department of Homeland Security,Brittany Gunter for United States Immigration and Customs Enforcement (Gunter, Brittany) (Entered: 02/02/2026)
Main Document:
DESIGNATION
#11
Feb 02, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 02/02/2026)
Main Document:
CONSENT/DECLINE
#12
Feb 02, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#13
Feb 02, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#14
Feb 06, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#15
Feb 07, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#16
Feb 09, 2026
**E-FILED IN ERROR, PLEASE DISREGARD*** CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk OFR) (Entered: 02/10/2026)
Main Document:
**E-FILED
#18
Feb 09, 2026
DECLARATION of Gennadii Kostarev in Reply to Respondents' Response. (Deputy Clerk OFR) (Entered: 02/10/2026)
Main Document:
DECLARATION
#17
Feb 10, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#19
Feb 20, 2026
Notice (Other)
Main Document:
Notice (Other)
#20
Feb 20, 2026
Notice (Other)
Main Document:
Notice (Other)
#21
Feb 23, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 23, 2026
SERVICE BY MAIL: 21 Order served on Gennadii Aleksandrovich Kostarev. (Deputy Clerk AML)
Feb 23, 2026
Service by Mail
#22
Mar 03, 2026
SUPPLEMENT by Department of Homeland Security, United States Immigration and Customs Enforcement re 14 Answer to Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1 - Order of the Immigration Judge, # 2 Exhibit 2 - Form I-296, Notice to Alien Ordered Removed, # 3 Exhibit 3 - Form I-860, Notice and Order of Expedited Removal, # 4 Exhibit 4 - Form I-867A, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act, # 5 Exhibit 5 - Form M-444, Information about Credible Fear Interview, # 6 Exhibit 6 - List of Pro Bono Legal Service Providers, # 7 Exhibit 7 - Form I-94, Arrival Departure Record, # 8 Exhibit 8 - Form I-220A, Order of Release on Recognizance, # 9 Exhibit 9 - Form I-205, Warrant of Removal/Deportation, # 10 Exhibit 10 - Form I-294, Warning to Alien Ordered Removed or Deported, # 11 Exhibit 11 - Form I-210, Voluntary Departure and Verification of Departure, # 12 Exhibit 12 - Form I-862, Notice to Appear, # 13 Exhibit 13 - Form I-826, Notice of Rights and Request for Disposition, # 14 Exhibit 14 - Form I-200, Warrant for Arrest of Alien, # 15 Exhibit 15 - Notice to Alien of File Custody Review)(Gunter, Brittany) (Entered: 03/03/2026)
Main Document:
SUPPLEMENT
#23
Mar 05, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#24
Mar 24, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
Mar 24, 2026
Service by Mail
#25
Mar 25, 2026
Dismiss
Main Document:
Dismiss
Mar 25, 2026
Service by Mail
#26
Mar 27, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
Parties
Department of Homeland Security
Party
(HC) Kostarev
Party