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

#1

Jan 29, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Jahadullah Nassery. (Filing fee $ 5, receipt number ACAEDC-12829158) (Attachments: # 1 Civil Cover Sheet) (Yasrebi, Arash) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)

#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)

#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)

#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)

#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

[DISREGARD - See 7 Amended Designation of Counsel] DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. (Clemente, Arelis) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)

#7

Jan 29, 2026

AMENDED DESIGNATION OF COUNSEL FOR SERVICE. Attorney Arelis M. Clemente, GOVT added for All Respondents. Attorney Anthony Andrews terminated. (Clemente, Arelis) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)

#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)

#9

Jan 29, 2026

PROOF of SERVICE re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order and 5 Minute Order by Jahadullah Nassery. (Yasrebi, Arash) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)

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)

#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 pr e-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)

#12

Feb 24, 2026

06 - HC/Order Requiring Respondent to File a Response

#15

Apr 13, 2026

Objections to Findings and Recommendations

Apr 13, 2026

Findings and Recommendations

#16

Apr 29, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 04/28/26 ADOPTING 14 Findings and Recommendations IN FULL and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED from re-detaining Petitioner absent compliance with cons titutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's remo val in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. CASE CLOSED. (Deputy Clerk KML)

#17

Apr 29, 2026

Judgment