Eastern District of California • 1:26-cv-00765

(HC) Nassery v. Warden of Mesa Verde Correctional Facility

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Case Information

Filed: January 29, 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 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 29, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden of Mesa Verde Correctional Facility by Jahadullah Nassery. (Filing fee $ 5, receipt number ACAEDC-12829158) (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Entered: 01/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 29, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jahadullah Nassery. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Proposed Order)(Yasrebi, Arash) (Entered: 01/29/2026)
Main Document: Temporary Restraining Order
#3
Jan 29, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/5/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 01/29/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 29, 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: 01/29/2026)
Main Document: CONSENT/DECLINE
#5
Jan 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 29, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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 claim 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 issue a preliminary injunction continuing the terms of this Order. Respondents shall file responsive papers by February 4, 2026. Petitioner may file a reply by February 9, 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/29/2026)
#6
Jan 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Pamela Jo Bondi,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem,Anthony Andrews for Warden of Mesa Verde Correctional Facility (Clemente, Arelis) (Entered: 01/29/2026)
Main Document: DESIGNATION
#7
Jan 29, 2026
AMENDED DOCUMENT by Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden of Mesa Verde Correctional Facility: Amended 6 Designation of Counsel, Attorney Clemente, Arelis M. added. (Clemente, Arelis) (Entered: 01/29/2026)
Main Document: AMENDED
#8
Jan 29, 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: 01/29/2026)
Main Document: CONSENT/DECLINE
#9
Jan 29, 2026
CERTIFICATE / PROOF of SERVICE by Jahadullah Nassery re 5 Minute Order,,,,,,,,,, Order on Motion for TRO,,,,,,,,,. (Yasrebi, Arash) (Entered: 01/29/2026)
Main Document: Certificate / Proof of Service
Jan 29, 2026
Minute Order AND Order on Motion for TRO
#10
Feb 03, 2026
RESPONSE to 5 ORDER to SHOW CAUSE by Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden of Mesa Verde Correctional Facility. (Clemente, Arelis) (Entered: 02/03/2026)
Main Document: RESPONSE
#11
Feb 24, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 2/23/2026 ENJOINING AND RESTRAINING Respondents from imposing additional restrictions on Petitioner's term of release, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing and REFERRING this matter to the assigned Magistrate Judge for further proceedings. Respondents are FURTHER ENJOINED AND RESTRAINED from rearresting or re-detaining Petitioner absent compliance with constitutional protections. (Deputy Clerk OML) (Entered: 02/24/2026)
Main Document: Order
#12
Feb 24, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document: 06 - HC/Order Requiring Respondent to File a Response