Eastern District of California • 1:26-cv-00540

#1

Jan 22, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Sudan BUDHATHOKI. (Filing fee $ 5, receipt number ACAEDC-12793325) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Jindal, Yash) (Entered: 01/22/2026)

#2

Jan 22, 2026

MOTION Issuance of an Order to Show Cause pursuant to 28 U.S.C. § 2243 by Sudan BUDHATHOKI. (Attachments: # 1 Proposed Order [PROPOSED] ORDER TO SHOW CAUSE, # 2 Proposed Order [PROPOSED] ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS, # 3 Notice OTICE OF INTERESTED PARTIES CORPORATE DISCLOSURE)(Jindal, Yash) (Entered: 01/22/2026)

#3

Jan 22, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/26/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 01/22/2026)

#4

Jan 22, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Field Office Director of Enforcement and Removal Operations, Los Angeles Field Office, Immigration and Customs Enforcement,Jonathan Williams, GOVT for Kristi Noem (Williams, Jonathan) (Entered: 01/22/2026)

#5

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)

#6

Jan 23, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/23/2026: On 1/22/2026, petitioner filed a 2 motion for issuance of an order to show cause in which petitioner requests expedited review of his 1 petition for writ of habeas corpus. Petitioner is directed to file a motion for temporary restraining order if he seeks expedited review and emergency relief. (Deputy Clerk PAB) (Entered: 01/23/2026)

Jan 23, 2026

Minute Order

#7

Jan 30, 2026

Temporary Restraining Order

#8

Feb 02, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 2/2/2026: (Text Only Entry). Pending the issuance of the court's order resolving the pending 7 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 7 motion for temporary restraining order. Respondents shall file a written opposition to the pending 7 motion for temporary restraining order by 5:00 PM on Tuesday, 2/3/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 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 CAL) (Entered: 02/02/2026)

#9

Feb 02, 2026

RESPONSE by Pamela Bondi, Christopher Chestnut, Field Office Director of Enforcement and Removal Operations, Los Angeles Field Office, Immigration and Customs Enforcement, Kristi Noem to 8 Minute Order,,,,,,. (Williams, Jonathan) (Entered: 02/02/2026)

Feb 02, 2026

Minute Order

#10

Feb 03, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 2/3/2026: (Text Only Entry); GRANTING 7 Motion for TRO. On 1/30/2026, petitioner filed a motion for a temporary restraining order (Doc. No. 7 ). On 2/2/2026, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish this case from the circumstances addressed in this court's recent decisions in Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), where the court concluded that petitioner was likely to succeed on the merits of his claim that he obtained a liberty interest in his continued release when he was released on parole and that his continued detention without written notice and a hearing was unlawful. Here, petitioner entered the United States on 11/23/2024, he was initially detained and subsequently released on interim parole on 1/7/2025. (Doc. Nos. 1 at 5; [7-1] at 5.) Petitioner was re-detained on 10/17/2025 at a scheduled immigration check-in. (Doc. No. 1 at 5.) On 2/3/2026, respondents filed their opposition (Doc. No. 8 ) to petitioner's motion. Respondents concede therein that they are not aware of distinguishing legal argument or material factual differences between this case and the court's prior order. (Doc. No. 9 at 1). Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id.). Accordingly, pursuant to the court's reasoning as stated in Rocha Chavarria, petitioner's motion for a temporary restraining order (Doc. No. 7 ) 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 10/17/2025 re-detention; (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 habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Edmund F. Brennan for further proceedings. (Deputy Clerk CAL) (Entered: 02/03/2026)

#11

Feb 03, 2026

REPLY by Sudan Budhathoki re 9 Response. (Jindal, Yash) (Entered: 02/03/2026)

Feb 03, 2026

Minute Order AND Order on Motion for TRO

#12

Feb 04, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/4/2027: On 2/3/2026, the court issued a minute order, Doc. 10, converting petitioner's 7 motion for a temporary restraining to a preliminary injunction and referring the 1 petition for habeas corpus to Magistrate Judge Edmund F. Brennan; however, the assigned Magistrate Judge is Chi Soo Kim. The court therefore refers the 1 petition for habeas corpus to Magistrate Judge Chi Soo Kim. (Deputy Clerk PAB) (Entered: 02/04/2026)

Feb 04, 2026

Minute Order

#14

Feb 05, 2026

Order AND Order on Motion for Extension of Time to File Answer AND ~Util - 1 Set/Reset Deadlines and Hearings

#15

Feb 05, 2026

STATUS REPORT by Pamela Bondi, Christopher Chestnut, Field Office Director of Enforcement and Removal Operations, Los Angeles Field Office, Immigration and Customs Enforcement, Kristi Noem. (Williams, Jonathan) (Entered: 02/05/2026)

#16

Feb 06, 2026

REPLY by Sudan Budhathoki re 14 Order,, Set/Reset Deadlines and Hearings,, Order on Motion for Extension of Time to File Answer,. (Jindal, Yash) (Entered: 02/06/2026)

#17

Feb 10, 2026

Findings and Recommendations

#18

Feb 14, 2026

Objections to Findings and Recommendations