Active
Case Information
Filed: January 16, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
January 26, 2026
Parties:
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Docket Entries
#1
Jan 16, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem by Qiang Chen. (Filing fee $ 5, receipt number ACAEDC-12773415) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Order Proposed Order, # 3 Exhibit Order of release+NTA(ICE docs))(Gahra, Manpreet) (Entered: 01/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 16, 2026
MOTION FOR SUMMARY JUDGMENT, MOTION for TEMPORARY RESTRAINING ORDER by Qiang Chen. (Attachments: # 1 Proposed Order Proposed Order, # 2 Points and Authorities Memo-Points and Authorities)(Gahra, Manpreet) (Entered: 01/16/2026)
Main Document:
Summary Judgment AND Temporary Restraining Order
#3
Jan 16, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/20/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/16/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 16, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/16/2026: Pending the issuance of the court's 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 Tuesday, 1/20/2026, 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 2 motion for temporary restraining order by 5:00 PM on Wednesday, 1/21/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 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. 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. (Deputy Clerk PAB) (Entered: 01/16/2026)
Jan 16, 2026
Minute Order
#5
Jan 19, 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: 01/19/2026)
Main Document:
CONSENT/DECLINE
#6
Jan 19, 2026
CERTIFICATE / PROOF of SERVICE by Qiang Chen re 2 MOTION FOR SUMMARY JUDGMENT MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Gahra, Manpreet) (Entered: 01/19/2026)
Main Document:
Certificate / Proof of Service
#7
Jan 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Sergio Albarran,Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Todd M. Lyons,Jonathan Williams, GOVT for Kristi Noem (Williams, Jonathan) (Entered: 01/19/2026)
Main Document:
DESIGNATION
#8
Jan 19, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem to 4 Minute Order,,,,,,,,,. (Williams, Jonathan) (Entered: 01/19/2026)
Main Document:
RESPONSE
#9
Jan 22, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/22/2026: On 1/16/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On the same day, the court issued an order directing respondents to "substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 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." (Doc. No. 4 ). In their opposition, respondents have indicated that while they oppose the motion, respondents "do not have legal arguments to distinguish this case from previous orders issued by the Court, nor do Respondents identify material factual differences between this case and those identified by the Court in the Order to Show Cause." (Doc. No. 8 at 1). Respondents also "do not oppose this Court converting the motion for a TRO into a motion for a preliminary injunction." (Id.) Here, it is undisputed that petitioner was released from respondents' custody on his own recognizance on 1/8/2024, and re-detained at a scheduled ICE office check-in on 9/23/2025 without any prior notice or explanation for his re-arrest. Accordingly, for the reasons outlined in O.A.C.S., 2025 WL 3485221, at *3-5, and Perez, 2025 WL 3187578, at *2-4, the court hereby CONVERTS petitioner's motion for temporary restraining order (Doc. No. 2 ) into a motion for preliminary injunction and GRANTS the motion as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody under the same conditions he was subject to prior to his re-detention on 9/23/2025; (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator where respondents will have the burden to demonstrate that petitioner is a danger to the community or a flight risk; (3) Petitioner's request for a temporary restraining order enjoining respondents from transferring him during the pendency of this action is DENIED as having been rendered moot by this order; and (4) Petitioner's request for attorneys' fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 is DENIED without prejudice to renewal on a properly noticed motion. 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: 01/22/2026)
Jan 22, 2026
Minute Order AND Order on Motion for TRO
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