Eastern District of California • 1:26-cv-00500
(HC)Aztouta v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: January 21, 2026
Assigned to:
Dale Alan Drozd
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:
February 09, 2026
Parties:
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Docket Entries
#1
Jan 21, 2026
PETITION for WRIT of HABEAS CORPUS against all Respondents by Aztouta Mounaim. (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Aztouta Mounaim. (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
In Forma Pauperis
#3
Jan 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Aztouta Mounaim. (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
Temporary Restraining Order
#4
Jan 21, 2026
MOTION to APPOINT COUNSEL by Aztouta Mounaim. (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
Appoint Counsel
#5
Jan 21, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 21, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Mounaim Aztouta. (Deputy Clerk LMS)
Jan 21, 2026
Service by Mail
#6
Jan 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Williams, GOVT for Current or Acting Field Office Director San Francisco Field Office,Jonathan Williams, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Williams, GOVT for Current or Acting United States Attorney General,Jonathan Williams, GOVT for United States Immigration & Customs Enforcement,Jonathan Williams, GOVT for Warden of the Golden State Annex Detention Facility (Williams, Jonathan) (Entered: 01/22/2026)
Main Document:
DESIGNATION
#7
Jan 22, 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. (Williams, Jonathan) (Entered: 01/22/2026)
Main Document:
CONSENT/DECLINE
#8
Jan 22, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#9
Jan 22, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/22/2026: Pending the issuance of the court's order resolving the pending 3 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 3 motion for temporary restraining order. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM tomorrow, 1/23/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions 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: 01/22/2026)
Jan 22, 2026
Service by Mail
Jan 22, 2026
Minute Order
Jan 22, 2026
SERVICE BY MAIL: 9 Minute Order served on Mounaim Aztouta. (Deputy Clerk PAB)
#10
Jan 23, 2026
RESPONSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director San Francisco Field Office, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, United States Immigration & Customs Enforcement, Warden of the Golden State Annex Detention Facility to 9 Minute Order,,,,,,,. (Williams, Jonathan) (Entered: 01/23/2026)
Main Document:
RESPONSE
#11
Jan 23, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/23/2026: (Text Only Entry); GRANTING 3 Motion for TRO. In respondents' opposition (Doc. No. 10 ) to petitioner's motion for a temporary restraining order (Doc. No. 3 ), respondents concede that they do not "identify material factual differences between this case and" the Court's prior orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025). (Doc. No 10 at 1.) Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction. (Id.) Accordingly, pursuant to the court's reasoning as stated in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 3 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his October 15, 2025 detention; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate a change in circumstances justifying petitioner's re-detention. 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 ), motion to proceed in forma pauperis (Doc. No. 2 ), and motion to appoint counsel (Doc. No. 4 ) are REFERRED to Magistrate Judge Allison Claire for further proceedings. (Deputy Clerk APM) (Entered: 01/23/2026)
Jan 23, 2026
Minute Order AND Order on Motion for TRO
Jan 26, 2026
Minute Order
Jan 26, 2026
Service by Mail
#14
Jan 27, 2026
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Main Document:
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Jan 27, 2026
Service by Mail
Feb 09, 2026
Minute Order
Feb 09, 2026
Service by Mail
Parties
(HC)Aztouta
Party
Warden of the Golden State Annex Detention Facility
Party