Eastern District of California • 1:26-cv-00215

#1

Jan 12, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem by Pavitar Singh. (Filing fee $ 5, receipt number ACAEDC-12747073) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit, (4) Civil Cover Sheet). (Gahra, Manpreet) Modified on 1/12/2026 (CRM). (Entered: 01/12/2026)

#2

Jan 12, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Pavitar Singh. (Attachments: # 1 Proposed Order, # 2 Memorandum)(Gahra, Manpreet) (Entered: 01/12/2026)

#3

Jan 12, 2026

CLERK'S NOTICE to Attorney Manpreet S. Gahra re 1 Civil Cover Sheet: Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk EF) (Entered: 01/12/2026)

#4

Jan 12, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/17/2026. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 01/12/2026)

#5

Jan 12, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/12/2026: Pending the issuance of the courts order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, no later than tomorrow, 1/13/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Wednesday, 1/14/2026. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties proposal. (Deputy Clerk PAB) (Entered: 01/12/2026)

Jan 12, 2026

Minute Order

#6

Jan 13, 2026

Certificate / Proof of Service

#7

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. (Gahra, Manpreet) (Entered: 01/13/2026)

#8

Jan 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Sergio Albarran,Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Christopher Chestnut,Audrey Benison Hemesath, GOVT for Todd M. Lyons,Audrey Benison Hemesath, GOVT for Kristi Noem (Hemesath, Audrey) (Entered: 01/14/2026)

#9

Jan 14, 2026

Opposition to Motion

#10

Jan 15, 2026

REPLY by Pavitar Singh re 9 Opposition to Motion. (Gahra, Manpreet) (Entered: 01/15/2026)

#11

Jan 16, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/16/2026: On 1/12/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On 1/14/2026, respondents filed an opposition the pending motion. (Doc. No. 9 ). Therein, respondents argue that petitioner is an "applicant for admission" subject to mandatory detention under 8 U.S.C. § 1225(b)(2), and that "[p]etitioner's prior release in the discretion of DHS does not have the effect of having converted petitioner's presence in the United States into an 'admission.'" (Id. at 1-2). Respondents also appear to submit the matter of whether a preliminary injunction should issue based upon their current briefing. (Id. at 2). Upon review of the record, the court adopts and incorporates the reasoning set forth in Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025) where the court held that the petitioner's prior release from immigration custody provided them with a liberty interest in continued release from immigration custody, and that due process required the petitioner's immediate release and a pre-deprivation hearing. Accordingly, petitioner's motion for a temporary restraining order (Doc. No. 2 ), is hereby CONVERTED into a preliminary injunction and GRANTED as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody under the same conditions to which petitioner was subject prior to being re-detained; (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate that petitioner is a danger to the community or a flight risk. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for writ of habeas corpus (Doc. No. 1 ), is referred to Magistrate Judge Dennis M. Cota for further proceedings. (Deputy Clerk PAB) (Entered: 01/16/2026)

Jan 16, 2026

Minute Order AND Order on Motion for TRO

#12

Jan 21, 2026

06 - HC/Order Requiring Respondent to File a Response

#15

Feb 10, 2026

Findings and Recommendations

#16

Feb 10, 2026

Objections to Findings and Recommendations