Eastern District of California • 1:26-cv-00539

(HC) H. v. Warden of the Mesa Verde

Terminated

Case Information

Filed: January 20, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Terminated: February 12, 2026
Last Activity: February 18, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 22, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden of the Mesa Verde Detention Center by Tu Duy Ho. (Filing fee $ 5, receipt number ACAEDC-12792670) (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Entered: 01/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 22, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 01/22/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Jan 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 1/23/2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file his motion as soon as possible and no later than two court days from the date of this Minute Order. If Petitioner does not intend to file a TRO, he shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (acknowledging the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/23/2026)
Jan 23, 2026
Minute Order
#4
Jan 26, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#5
Jan 26, 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. (Yasrebi, Arash) (Entered: 01/26/2026)
Main Document: CONSENT/DECLINE
#6
Jan 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 26, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 4 .) The Court has reviewed Petitioner's motion 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 claims that Respondents violated the Immigration and Nationality Act and 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 Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by February 2, 2026. Petitioner may file a reply by February 5, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. 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. Finally, the Court directs the Clerk of the Court to update the docket to omit Petitioner's full name, using only first name and last initials, to protect sensitive personal information. IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/26/2026)
Jan 26, 2026
Minute Order AND Order on Motion for TRO
#7
Feb 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for All Respondents. (Hemesath, Audrey) Modified on 2/6/2026 (HAH). (Entered: 02/02/2026)
Main Document: DESIGNATION
#8
Feb 02, 2026
RESPONSE to 6 ORDER to SHOW CAUSE; MOTION to DISMISS 1 Petition by Todd M. Lyons, Kristi Noem, Warden of the Mesa Verde Detention Center. (Hemesath, Audrey) Modified on 2/6/2026 (HAH). (Entered: 02/02/2026)
Main Document: RESPONSE
#9
Feb 12, 2026
Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#10
Feb 12, 2026
Judgment
Main Document: Judgment
#11
Feb 18, 2026
Request
Main Document: Request

Parties

(HC) Ho
Party
Warden of the Mesa Verde
Party
Firm