Active
Case Information
Filed: January 12, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 24, 2026
Parties:
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Docket Entries
#1
Jan 12, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Rajat Rajat. (Deputy Clerk RMG) (Entered: 01/13/2026)
Main Document:
Petition for Writ of Habeas Corpus
Jan 12, 2026
RECEIPT number 100006922 for $5.00 for Rajat Rajat from Rajat Rajat. (Deputy Clerk RMG)
#2
Jan 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/17/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 01/13/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 13, 2026
Service by Mail
Jan 13, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Rajat Rajat. (Deputy Clerk RMG)
#3
Jan 15, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/15/2026 ORDERING that Petitioner may optionally submit an affidavit in support of a request to proceed in forma pauperis within 21 days. The Clerk of the Court is DIRECTED to send petitioner a copy of the in forma pauperis form used by this district. (Deputy Clerk HAH)
Jan 15, 2026
SERVICE BY MAIL: 3 Order and Pro Se IFP Application served on Rajat Rajat. (Deputy Clerk HAH)
Jan 15, 2026
Service by Mail
#4
Jan 23, 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 AJB) (Entered: 01/26/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 26, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rajat Rajat. (Deputy Clerk AJB) (Entered: 01/27/2026)
Main Document:
In Forma Pauperis
#6
Jan 30, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/30/2026 GRANTING 5 Motion to Proceed IFP. The interests of justice require appointment of counsel. Within 7 days from the date of this order, the appointing authority for the Eastern Distri ct of California shall identify counsel and send counsel's contact information to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email, who shall update docket to reflect counsel's appointment. (cc: Federal Defender Habeas Appointment) (Deputy Clerk HAH)
Jan 30, 2026
Service by Mail
Jan 30, 2026
SERVICE BY MAIL: 6 Order served on Rajat Rajat. Copy of 1 Petition and 6 Order served on Respondent via email. (Deputy Clerk HAH)
#7
Feb 05, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/5/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 6 . Attorney Kresta Daly is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Kresta Daly, 2810 Fifth Street, Davis, CA 95618, 916-440-8600, kdaly@barth-daly.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 02/05/2026)
Feb 05, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#9
Feb 08, 2026
DESIGNATION OF COUNSEL FOR SERVICE. Attorney Imi Zaidi, GOVT added for Tonya Andrews. (Zaidi, Imi) Modified on 2/12/2026 (KS). (Entered: 02/08/2026)
Main Document:
Notice of Appearance
#10
Feb 08, 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: 02/08/2026)
Main Document:
CONSENT/DECLINE
#11
Feb 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/17/2026: Petitioner seeks habeas corpus relief under 28 U.S.C. § 2241 and the Court has appointed counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B). Good cause appearing, IT IS ORDERED that Petitioner is GRANTED 14 (fourteen) days within which to file any Motion for Preliminary Injunctive Relief; Petitioner is also GRANTED 14 (fourteen) days within which to file any Amended Petition for Writ of Habeas Corpus.(Text Only Entry) (Deputy Clerk LMK) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Feb 18, 2026
NOTICE of RELATED CASE(S) 1:26-cv-01331-DAD-JDP and MOTION to DISMISS Duplicative Action by Tonya Andrews. Attorney Williams, Jonathan added. (Williams, Jonathan) Modified on 2/23/2026 (HAH). (Entered: 02/18/2026)
Main Document:
Notice of Related Case
#13
Feb 20, 2026
NOTICE of APPEARANCE by Gurpreet Kaur on behalf of Rajat Rajat. Attorney Kaur, Gurpreet added. (Kaur, Gurpreet) (Entered: 02/20/2026)
Main Document:
Notice of Appearance
#14
Feb 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rajat Rajat. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 02/20/2026)
Main Document:
Temporary Restraining Order
#15
Feb 20, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/20/2026: Pending the issuance of the court's order resolving the pending 14 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 14 motion for temporary restraining order. Further, no later than today, 2/20/2026, 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 14 motion for temporary restraining order by 5:00 PM Monday, 2/23/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), and other similar cases decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Text Only Entry) (Deputy Clerk JRW) (Entered: 02/20/2026)
#16
Feb 20, 2026
MOTION to WITHDRAW as ATTORNEY Attorney Jonathan W. Williams by Tonya Andrews. (Williams, Jonathan) Modified on 2/25/2026 (HAH). (Entered: 02/20/2026)
Main Document:
Withdraw as Attorney
#17
Feb 20, 2026
NOTICE of COMPLIANCE and PROOF of SERVICE by Rajat Rajat. (Kaur, Gurpreet) Modified on 2/25/2026 (HAH). (Entered: 02/20/2026)
Main Document:
Certificate / Proof of Service
#18
Feb 20, 2026
MOTION to WITHDRAW as ATTORNEY by Rajat Rajat. (Daly, Kresta) (Entered: 02/20/2026)
Main Document:
Withdraw as Attorney
#19
Feb 20, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/20/2026: Good cause appearing, the 16 and 18 Motions to Withdraw as counsel are GRANTED. Jonathan W. Williams is RELIEVED as counsel for Respondents for this case, while Imi Zaidi continues to represent Respondents. Kresta Daly is RELIEVED as counsel for Petitioner, while Gurpreet Kaur continues to represent Petitioner. (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/20/2026)
Feb 20, 2026
Minute Order AND Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney AND ~Util - Add and Terminate Attorneys
Feb 20, 2026
Minute Order
#20
Feb 23, 2026
MOTION to DISMISS by Tonya Andrews. (Zaidi, Imi) (Entered: 02/23/2026)
Main Document:
Dismiss
#21
Feb 23, 2026
NOTICE of Respondents' Failure to Comply with 19 Minute Order by Rajat Rajat. (Kaur, Gurpreet) Modified on 2/27/2026 (HAH). (Entered: 02/23/2026)
Main Document:
Notice (Other)
#22
Feb 24, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/24/2026: On 2/20/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on 5/25/2024 without inspection, was briefly detained and then released on his own recognizance, and on 12/9/2025 he was arrested by immigration authorities while attending a regularly scheduled ICE appointment without any warning, paperwork, or legitimate reason. (Doc. No. 14 at 3.) Also on 2/20/2026, the court set a briefing schedule on petitioner's pending motion and ordered respondents to substantively address whether any provision of law or fact in this case would distinguish it from the situations addressed by this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025). (Doc. No. 15 .) In their opposition (Doc. No. 20 ), respondents fail to address the cases cited by the court. The court construes this failure as a concession that this case is not distinguishable from Perez or O.A.C.S. Accordingly, pursuant to the court's reasoning as set forth in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 14 ) is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his 12/9/2025 re-detention; and (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 of demonstrating a change in circumstances justifying petitioner's re-detention. 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 parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk JRM) (Entered: 02/24/2026)
Feb 24, 2026
Minute Order AND Order on Motion for TRO
Parties
Andrews
Party
(HC)Rajat
Party