Eastern District of California • 1:26-cv-00228

(HC) K v. Noem

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Case Information

Filed: January 12, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: January 13, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 12, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents. (Filing fee $ 5, receipt number ACAEDC-12750579) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - I-213)(Shah, Nilima) (Entered: 01/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 12, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sawan Kandhol. (Attachments: # 1 Exhibit TRO Checklist)(Shah, Nilima) (Entered: 01/12/2026)
Main Document: Temporary Restraining Order
#3
Jan 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/17/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/13/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Jan 13, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 1/13/2026 GRANTING 2 Motion for Temporary Restraining Order. Respondents must IMMEDIATELY RELEASE Petitioner SAWAN K. from custody under the same conditions he was released prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioners removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are ORDERED TO SHOW CAUSE why this Court should not issue a preliminary injunction continuing this Order. Respondents shall file responsive papers by 1/19/2026. Petitioner may file a reply, if any, by 1/22/2026. The parties shall indicate in their briefing whether they waive a hearing. FRCP 65(b)(3). The Court will consider any stipulation and proposed order filed by the parties if they agree to a less demanding briefing schedule. Petitioner is ORDERED to immediately serve this Order and all documents filed in this case to date on Respondents, including a copy via email to: usacae.ecf2241-imm@usdoj.gov. Petitioner shall file a proof of such service by 1/14/2026. Respondents are hereby notified of their right to apply to the Court for modification or dissolution of the TRO on two days notice to Petitioner. FRCP 65(b)(4). The bond requirement of FRCP 65(c) is waived. (Deputy Clerk LMS) (Entered: 01/13/2026)
Main Document: Order AND Order on Motion for TRO AND Order to Show Cause
#5
Jan 13, 2026
[DISREGARD - DUPLICATE OF 4 ORDER] ORDER signed by Chief District Judge Troy L. Nunley on 1/13/2026 GRANTING 2 Motion for TRO. Respondents are to IMMEDIATELY RELEASE Petitioner SAWAN K. from custody under the same conditions prior to his current detention and Respondents shall not impose any additional restrictions, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining petitioner absent compliance with constitutional protections, including 7 days notice and a pre-deprivation hearing. Respondents are DIRECTED to SHOW CAUSE by 1/19/26 why this Court should not issue a Preliminary Injunction continuing this Order and petitioner is to file a reply if any by 1/22/26. Parties are FURTHER DIRECTED to indicate in the briefing if a hearing is waived. Petitioner is ORDERED to serve this order and all documents filed in this case to date on Respondents by 1/14/26, and the bond requirement of Federal Rule of Civil Procedure 65(c) is WAIVED. (Deputy Clerk AMW) Modified on 1/13/2026 (AJB). (Entered: 01/13/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 13, 2026
CERTIFICATE / PROOF of SERVICE by Sawan K.. Attorney Shah, Nilima Patel added.. Attorney Shah, Nilima Patel added as counsel of record. (Attachments: # 1 Proof of Service copy of email to USAO)(Shah, Nilima) (Entered: 01/13/2026)
Main Document: Certificate / Proof of Service

Parties

(HC) K
Party
Noem
Party