Eastern District of California • 1:26-cv-00346

(HC) Bagat v. Andrews

Active

Case Information

Filed: January 16, 2026
Assigned to: Daniel J. Calabretta
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 28, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against respondents by Kon Bagat. (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 16, 2026
MOTION to APPOINT COUNSEL by Kon Bagat. (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document: Appoint Counsel
#3
Jan 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Jan 20, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 01/20/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Given Petitioner's request for an order that Respondents "immediately release" Petitioner from their custody (id. at 19), the Court construes the Petition as a Motion for Temporary Restraining Order as well. Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before January 26, 2026. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. [TEXT ONLY ORDER] (Deputy Clerk CRN) (Entered: 01/20/2026)
#5
Jan 20, 2026
CLERK'S NOTICE: 1 Petition for Writ of Habeas Corpus, 4 Minute Order served electronically in the United States Attorney at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk GJM) (Entered: 01/20/2026)
Jan 20, 2026
Service by Mail
Jan 20, 2026
SERVICE BY MAIL: 5 Clerk's Notice served on Kon Bagat. (Deputy Clerk GJM)
Jan 20, 2026
SERVICE BY MAIL: 4 Minute Order, served on Kon Bagat. (Deputy Clerk CRN)
Jan 20, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Kon Bagat. (Deputy Clerk VLK)
Jan 20, 2026
RECEIPT number 100006977 for $5.00 for filing fee from Kon Bagat. (Deputy Clerk VLK)
Jan 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 26, 2026
Dismiss
Main Document: Dismiss
#7
Jan 30, 2026
Order
Main Document: Order
Jan 30, 2026
Service by Mail
#10
Sep 16, 2026
Findings and Recommendations AND Order
Main Document: Findings and Recommendations AND Order
Sep 16, 2026
Service by Mail
#11
Sep 18, 2026
Findings and Recommendations AND Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Findings and Recommendations AND Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 18, 2026
Service by Mail
#12
Sep 28, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#13
Sep 28, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#14
Sep 28, 2026
ORDER signed by District Judge Daniel J. Calabretta on 09/25/26 ADOPTING 11 Findings and Recommendations, as amended IN FULL. Petitioner's 1 petition for writ of habeas corpus is GRANTED on his constitutional claims under Ground 2 and his regulatory and constitutional claims regarding revocation of his release under Ground 4. All remaining claims in the § 2241 petition are DISMISSED WITHOUTPREJUDICE in the interests of judicial economy. Respondents are ENJOINED AND RESTRAINED fro m: Seeking to revoke petitioner's supervision to re-detain petitioner unless and until they comply with all procedures set forth in 8 C.F.R. §241.13(i), any other applicable statutes and regulations, and constitutional requirements. Removin g petitioner to a third country unless respondents adhere tothe following procedures:Provide petitioner a meaningful opportunity and a minimum of 10 days to raise a fear-based claim for protection prior to removal; If petitioner demonstrates a reason able fear of removal to the third country, respondents must reopen petitioner's removal proceedings; and If petitioner is not found to have demonstrated a reasonable fear of removal to the third country, respondents must provide a meaningful opportunity and a minimum of fifteen days for petitioner to seek reopening of his immigration proceedings. DENYING 6 Motion to Dismiss. The Clerk of the Court is directed to enter judgment for petitioner. CASE CLOSED. (Deputy Clerk KML)
Main Document: Findings and Recommendations AND Order AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#15
Sep 28, 2026
Judgment
Main Document: Judgment
Sep 28, 2026
Service by Mail

Parties

Andrews
Party
(HC) Bagat
Party