Eastern District of California • 1:26-cv-00427

(HC) H. v. Warden of the California City Detention Facility

Active

Case Information

Filed: January 20, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 13, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 20, 2026
2241 PETITION for WRIT of HABEAS CORPUS against all respondents by Wajahat Hussain. (Deputy Clerk VLK) (Entered: 01/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 20, 2026
MOTION to APPOINT COUNSEL by Wajahat Hussain. (Deputy Clerk VLK) (Entered: 01/21/2026)
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: 01/21/2026)
Main Document: Prisoner New Case Documents for DJ Presider
Jan 21, 2026
Service by Mail
Jan 21, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Wajahat Hussain. (Deputy Clerk VLK)
#4
Jan 22, 2026
Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 22, 2026
SERVICE BY MAIL: 4 Order served on Wajahat H.. (Deputy Clerk AMW)
Jan 22, 2026
Service by Mail
#5
Jan 23, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jan 23, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to Motion for Injunctive Relief by All Respondents. (Attachments: # 1 Exhibit 1) (Olsen, Edward) Modified on 1/28/2026 (KS). (Entered: 01/23/2026)
Main Document: ANSWER
#7
Jan 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 1/26/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 4 . Attorney Erin Radekin is hereby appointed nunc pro tunc to 1/26/2026 as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Erin J. Radekin, Law Office of Erin J. Radekin, Suite 200, Sacramento, CA 95811, 916-504-3931, erinjradekin@gmail.com, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 01/26/2026)
Jan 26, 2026
SERVICE BY MAIL: 7 Minute Order served on Wajahat H. (Deputy Clerk MDK)
Jan 26, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Jan 26, 2026
Service by Mail
#8
Jan 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 27, 2026: In light of Petitioner's counsel's recent appearance, (ECF No. 7), the Court hereby sets the deadline for Petitioner to file a reply and/or supplement the record to Friday, January 30, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/27/2026)
Jan 27, 2026
Minute Order
#9
Jan 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Camilo Rodriguez, GOVT added for All Respondents. Attorney Edward Alan Olsen, GOVT terminated. (Rodriguez, Camilo) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)
Main Document: DESIGNATION
#10
Jan 30, 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: 01/30/2026)
Main Document: CONSENT/DECLINE
#11
Jan 30, 2026
Extension of Time
Main Document: Extension of Time
#12
Feb 05, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 5, 2026: The Court has reviewed Petitioner's motion for an extension of time to file a reply. (ECF No. 11 .) Finding good cause, the motion is GRANTED. Petitioner's deadline to file a reply is extended to February 6, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/05/2026)
Feb 05, 2026
Minute Order AND Order on Motion for Extension of Time
#13
Feb 06, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
#14
Feb 06, 2026
DECLARATION of Erin J. Radekin in support of 13 First Amended Habeas Petition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Radekin, Erin) Modified on 2/11/2026 (HAH). (Entered: 02/06/2026)
Main Document: DECLARATION
#15
Feb 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 10, 2026: On January 20, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. (ECF No. 1 ) Based on the substance of Petitioner's brief and the relief requested therein, the Court construed Petitioner's pleading as a motion for a temporary restraining order and ordered Respondents to file an opposition. (ECF No. 4 .) On January 23, 2026, Respondents filed an answer to the petition for writ of habeas corpus/ opposition. (ECF No. 6 .) The Court has reviewed Petitioner's motion and Respondents' opposition and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the First Amended Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers or indicate to the Court that they intend to submit on the briefing by February 13, 2026. Petitioner may file a reply by February 18, 2026. The parties shall indicate whether they waive a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/10/2026)
Feb 10, 2026
Minute Order
#16
Feb 13, 2026
RESPONSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility to 15 Minute Order,,,,,,,,,, 13 Amended Petition for Writ of Habeas Corpus. (Rodriguez, Camilo) (Entered: 02/13/2026)
Main Document: RESPONSE

Parties

(HC) Hussain
Party
Warden of the California City Detention Facility
Party