Eastern District of California • 1:26-cv-00388

(HC) K. v. Andrews

Active

Case Information

Filed: January 19, 2026
Assigned to: Troy Lynne Nunley
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: April 15, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 19, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Pamela Bondi, Todd Lyons, Kristi Noem by Sanjay Kumar. (Filing fee $ 5, receipt number ACAEDC-12775998) (Attachments: # 1 Copyright Report, # 2 Exhibit, # 3 E-Filing Notice, # 4 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 01/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sanjay Kumar. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 01/19/2026)
Main Document: Temporary Restraining Order
#3
Jan 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/23/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 01/20/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 21, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 1/21/2026 GRANTING 2 Motion for TRO; The bond requirement of FRCP 65(c) is waived; Petitioner Sunjay K. shall be RELEASED IMMEDIATELY from Respondents' custody. Respondents shall not i mpose 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 wi th constitutional protections, including seven- days' notice and a hearing before a neutral fact-finder where: (a) Respondents show there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner 's 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 his c ounsel present. Respondents are ORDERED TO SHOW CAUSE why this Court should not issue a preliminary injunction requiring Respondents to continue to abide by this Court's Order. Respondents shall file responsive papers by 1/26/2026 by 5 p.m. P etitioner may file a reply, if any, by 1/28/2026. Petitioner is ordered to serve this Temporary Restraining Order and Order to Show Cause and all supporting pleadings and papers on Respondents at usacae.ecf2241-imm@usdoj.gov by 9:00 a.m. on 1 /22/2026. Petitioner shall file proof of such service no later than 10:00 a.m. on 1/22/2026. Respondents are hereby notified of their right to apply to the Court for modification or dissolution of the Temporary Restraining Order on two days' notice to Petitioner. (Deputy Clerk LMS)
Main Document: Order AND Order on Motion for TRO AND Order to Show Cause AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 26, 2026
Dismiss
Main Document: Dismiss
#7
Jan 27, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 1/27/2026 GRANTING a 4 Preliminary Injunction. Respondents are ENJOINED and RESTRAINED from imposing additional restrictions on petitioner's terms of release, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are FURTHER ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and pre deprivation/custody hearing before a neutral decisionmaker, and this matter is REFERRED back to the Magistrate Judge for further proceedings. (Deputy Clerk AMW)
Main Document: Order
#8
Feb 03, 2026
Order Reassigning Case AND ~Util - 1 Terminate Deadlines and Hearings
Main Document: Order Reassigning Case AND ~Util - 1 Terminate Deadlines and Hearings
#9
Feb 09, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Mar 25, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 03/25/2026 RECOMMENDING that the 6 Motion to Dismiss be denied, the 1 Petition for Writ of Habeas Corpus be granted, that a permanent injunction be issued enjoining and rest raining Respondents from re-detaining Petitioner Sanjay K. unless the government demonstrates, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that Petitioner is a flight risk or danger to the commun ity such that his physical custody is legally justified, and that Petitioner shall be allowed to have his counsel present at any such hearing. This injunction does not address other circumstances where detention authority is established under a diffe rent authority than what is presented in this case. It is FURTHER RECOMMENDED that the Clerk be directed to enter judgment for Petitioner and close this case. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
#16
Apr 15, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 4/13/26 ADOPTING 15 Findings and Recommendations in full, GRANTING 1 Petition for Writ of Habeas Corpus, and DENYING 6 Motion to Dismiss. A permanent injunction is issued ENJOINING and RESTRAINING Respondents from re-detaining Petitioner Sanjay K. (A# 246-260-205) absent compliance with constitutional protections, including 7 days' notice and a hearing before a neutral fact-finder. The Clerk of Court is directed to enter judgment for Petitioner and close this case. CASE CLOSED. (Deputy Clerk JAW)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
#17
Apr 15, 2026
Judgment
Main Document: Judgment

Parties

Andrews
Party
(HC) Kumar
Party