Eastern District of California • 1:26-cv-00767

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

Active

Case Information

Filed: January 29, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 20, 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 Hamayoun Naseri. (Filing fee $ 5, receipt number ACAEDC-12829463) (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 Hamayoun Naseri. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Memorandum)(Yasrebi, Arash) (Entered: 01/29/2026)
Main Document: Temporary Restraining Order
#3
Jan 29, 2026
ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Deputy Clerk OFR) (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 30, 2026
MINUTE ORDER (Text Entry Only) ORDER DENYING TRO; ORDER PREVENTING TRANSFER PENDING FURTHER COURT ORDER; and ORDER FOR STAY OF REMOVAL PENDING FURTHER COURT ORDERThe Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 2 ). Petitioner asserts that he has been detained since early September 2025. (Doc. 1 at 2 (para. 1); Doc. 2-1 at 2.) Despite being detained more than four months ago, Petitioner fails to explain adequately the delay in seeking a temporary restraining order or why this delay should cause this Court to treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. See Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 30 days. Therein, Respondents are directed to address whether this case is distinguishable from the numerous cases in which this Court has granted habeas relief and SHALL provide the Court with copies of any portions of Petitioner's A-File or related supervision records Respondents rely upon. Petitioner may file a traverse no later than 15 days after Respondents file their brief. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. No later than January 30, 2026, to the extent not already accomplished, Petitioner is directed: (1) to serve Respondents with a copy of the Petition, along with a copy of this Order, by e-mail (noting Petitioner's name and A-File number in the memo line) to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on January 30, 2026. (Deputy Clerk IM) (Entered: 01/30/2026)
#6
Jan 30, 2026
CERTIFICATE / PROOF of SERVICE by Hamayoun Naseri re 5 Order on Motion for TRO,,,,,,,,,,,. (Yasrebi, Arash) (Entered: 01/30/2026)
Main Document: Certificate / Proof of Service
Jan 30, 2026
Order on Motion for TRO
#10
Mar 02, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#11
Mar 02, 2026
Judgment
Main Document: Judgment
#12
May 20, 2026
Notice of Related Case
Main Document: Notice of Related Case

Parties

(HC) Naseri
Party
Warden of Mesa Verde Correctional Facility
Party