Eastern District of California • 1:26-cv-00420

(HC) Oruc v. Chestnut

Active

Case Information

Filed: January 20, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 20, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pam Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem by Oruc Hisyar. (Attachment(s): # 1 Declaration, # 2 Civil Cover Sheet) (Balikci, Adem) (Entered: 01/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
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 JJD) (Entered: 01/20/2026)
Main Document: Prisoner New Case Documents for DJ Presider
Jan 20, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-12778792. (Balikci, Adem)
#3
Jan 23, 2026
PROPOSED SUMMONS by Hisyar Oruc. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 1/26/2026 (HAH). (Entered: 01/23/2026)
Main Document: Summons Returned Unexecuted
#4
Jan 30, 2026
[WITHDRAWN PER ECF NO. 6] MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 1/30/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. [See attached document for details.] (Deputy Clerk AW) Modified on 1/30/2026 (AW). (Entered: 01/30/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Jan 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hisyar Oruc. (Attachments: # 1 Memorandum and Proposed Order, # 2 Proposed Order, # 3 TRO Checklist, # 4 Affidavit of A. Balikci)(Balikci, Adem) Modified on 2/2/2026 (KLY). (Entered: 01/30/2026)
Main Document: Temporary Restraining Order
#6
Jan 30, 2026
MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 1/30/2026: After the Court issued its Minute Order at ECF No. 4, setting a schedule, petitioner filed a motion for temporary restraining order (ECF No. 5 ). Therefore, the Court withdraws its 1/30/2026 Minute Order at ECF No. 4 so the motion for temporary restraining order can be addressed by the assigned district judge. (Text Only Entry) (Deputy Clerk AW) (Entered: 01/30/2026)
#7
Jan 30, 2026
[DISREGARD FILED IN ERROR.] MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 1/30/2026. Parties must review this MINUTE ORDER Document, which is a scheduling order. [See attached document for details.] (Deputy Clerk AW) Modified on 1/30/2026 (AW). (Entered: 01/30/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 30, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
#8
Jan 31, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/31/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 5 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the Motion for Temporary Restraining Order by 12:00 PM on 2/3/2026. In their response, Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), D.L.C. v. Wofford, et al., 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026), and other similar cases previously decided by this court, or indicate that the matter is not substantively distinguishable. Petitioner may file a Reply on or before 2/4/2026. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 2/2/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 01/31/2026)
Jan 31, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#9
Feb 02, 2026
PROOF OF SERVICE by Hisyar Oruc re 1 Petition for Writ of Habeas Corpus, 5 Motion for TRO; Affidavit of A. Balikci. (Balikci, Adem) Modified on 2/3/2026 (KLY). (Entered: 02/02/2026)
Main Document: PROOF
#10
Feb 02, 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: 02/02/2026)
Main Document: CONSENT/DECLINE
#11
Feb 03, 2026
OPPOSITION by Respondents to 5 Motion for Temporary Restraining Order (entitled Answer to Petition). Attorney Stefanki, Sam added. (Stefanki, Sam) Modified on 2/3/2026 (KLY). (Entered: 02/03/2026)
Main Document: Opposition to Motion
#12
Feb 03, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/3/2026: In Respondents' 11 Opposition to Petitioner's 5 Motion for a Temporary Restraining Order, Respondents continue to oppose issuance of a Temporary Restraining Order. However, Respondents acknowledge the decisions from this court in Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), D.L.C. v. Wofford, et al., 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026), and other similar cases previously decided by this court, and acknowledge that "[t]his case does not appear to present any factual or legal components distinguishing it materially from" those cases. Accordingly, pursuant to the court's reasoning in Selis Tinoco and D.L.C., Petitioner's 5 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; (2) Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; and (3) If the Government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered. Further, Respondents are ORDERED TO SHOW CAUSE by no later than 2/10/2026, as to why this court should not issue a Preliminary Injunction on the same terms as this Order. Petitioner may file a response thereto by no later than 2/12/2026. Respondents may file a reply to Petitioner's response by no later than 2/13/2026. If the parties agree upon a less demanding briefing schedule, the court will consider the parties proposal. (Text Only Entry) (Deputy Clerk CRS) (Entered: 02/03/2026)
#13
Feb 03, 2026
PROOF OF SERVICE by Certified Mail: Todd M. Lyons served on 1/29/2026 with Petition and Supporting Documents. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Summons Returned Executed
#14
Feb 03, 2026
PROOF OF SERVICE by Certified Mail: Kristi Noem served on 1/29/2026 with Petition and Supporting Documents. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Summons Returned Executed
#15
Feb 03, 2026
PROOF OF SERVICE by Certified Mail: Sergio Albarran served on 1/29/2026 with Petition and Supporting Documents. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Summons Returned Executed
#16
Feb 03, 2026
PROOF OF SERVICE by Certified Mail: Christopher Chestnut served on 1/29/2026 with Petition and Supporting Documents. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Summons Returned Executed
#17
Feb 03, 2026
PROOF OF SERVICE by Certified Mail: Pam Bondi served on 1/29/2026 with Petition and Supporting Documents. Attorney Balikci, Adem Abdullah added as counsel of record. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Summons Returned Executed
#18
Feb 03, 2026
PROOF of SERVICE by Certified Mail by Hisyar Oruc re 1 Petition for Writ of Habeas Corpus served on AUSA Eric Grant. (Balikci, Adem) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: Certificate / Proof of Service
Feb 03, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#19
Feb 04, 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: 02/04/2026)
Main Document: CONSENT/DECLINE
Feb 11, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
#22
Feb 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#25
Mar 30, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 3/30/2026 RECOMMENDING that the Petition for Writ of Habeas Corpus 1 be granted. A permanent injunction be issued enjoining and restraining respondents from re-detaining petit ioner Hisyar Oruc 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 community such that his physical custody is legally justified. Petitioner shall be allowed to have his counsel present at any such hearing. The Clerk of Court be directed to enter judgment for petitioner and close this case. These Findings and Recommendations are submitted to U.S. District Judge Dena M. Coggins; Objections to these F&Rs due within seven days. (Deputy Clerk LMS)
Main Document: Findings and Recommendations
#26
Apr 06, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#27
Apr 22, 2026
ORDER signed by District Judge Dena M. Coggins on 04/21/26 ADOPTING 25 Findings and Recommendations IN FULL and GRANTING 1 Petition for Writ of Habeas Corpus. A Permanent Injunction be issued ENJOINING and RESTRAINING Respondents from re-detai ning Petitioner Hisyar Oruc unless the government provides no less than 7 days' notice to Petitioner and holds a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. Petitione r shall be allowed to have his counsel present at any such hearing. This order does not address the circumstances in which the government may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. CASE CLOSED. (Deputy Clerk KML)
Main Document: Findings and Recommendations AND Order AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#28
Apr 22, 2026
Judgment
Main Document: Judgment

Parties

Chestnut
Party
(HC) Oruc
Party