Eastern District of California • 1:26-cv-00245

#1

Jan 13, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Sumit Sumit. (Filing fee $ 5, receipt number ACAEDC-12751933) (Attachments: # 1 Proposed Order Proposed Order, # 2 Civil cover Sheet, # 3 Exhibit NTA)(Gahra, Manpreet) (Entered: 01/13/2026)

#2

Jan 13, 2026

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 Consent Form) (Deputy Clerk EF) (Entered: 01/13/2026)

#4

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)

#5

Jan 13, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/13/2026: 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, 1/14/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion to proceed under a pseudonym, 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 Thursday, 1/15/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this courts decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); 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 previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Further, respondents are DIRECTED to address petitioners position that this motion for temporary restraining order be treated as 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. (Deputy Clerk PAB) (Entered: 01/13/2026)

#6

Jan 13, 2026

CERTIFICATE / PROOF of SERVICE by Sumit Sumit re 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Gahra, Manpreet) (Entered: 01/13/2026)

Jan 13, 2026

Minute Order

#7

Jan 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jessica Louise Delaney, GOVT for All Respondents. (Delaney, Jessica) Modified on 1/15/2026 (HAH). (Entered: 01/14/2026)

#8

Jan 15, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jessica Louise Delaney, GOVT for Sergio Albarran,Jessica Louise Delaney, GOVT for Pamela Bondi,Jessica Louise Delaney, GOVT for Christopher Chestnut,Jessica Louise Delaney, GOVT for Todd M. Lyons,Jessica Louise Delaney, GOVT for Kristi Noem (Delaney, Jessica) (Entered: 01/15/2026)

#9

Jan 15, 2026

Opposition to Motion

#10

Jan 16, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/16/2026: On 1/13/2026, petitioner filed a motion for a temporary restraining order (Doc. No. 2 ). That same day, the court set a briefing schedule for petitioner's motion and directed respondents to address whether any provision of law or fact in this case would distinguish it from the circumstances addressed in this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), where the court concluded that due process required a pre-detention hearing to protect the petitioner's liberty interest in his continued release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, petitioner was originally detained by immigration authorities when he entered the United States in 2023. (Doc. No. 1 at 4.) He was subsequently released and provided with a Notice to Appear for removal proceedings before an immigration court. (Id.) Petitioner was re-detained on August 26, 2025, at his Immigration and Customs Enforcement check-in without notice and a hearing. (Id. at 4-5.) On 1/15/2026, respondents filed their opposition (Doc. No. 9 ) to petitioner's motion. Respondents concede therein that that they have not identified material factual or legal differences distinguishing this case from the prior orders cited above. (Doc. No. 9 at 1.) Respondents also state that they do not oppose converting the temporary restraining order to a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id.) Accordingly, pursuant to the court's reasoning as stated in Ayala Cajina and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and 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 August 26, 2025, detention; (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 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 petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Carolyn K. Delaney for further proceedings. (Deputy Clerk PAB) (Entered: 01/16/2026)

Jan 16, 2026

Minute Order AND Order on Motion for TRO