Central District of California • 2:25-cv-08325
Salim Nizar Esmail v. Kristi Noem
Active
Case Information
Filed: September 03, 2025
Assigned to:
Wesley L. Hsu
Referred to:
Rozella A. Oliver
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
July 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 03, 2025
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-40429825 for $5 filing fee. (Attorney Andres James Ortiz added to party Salim Esmail(pty:pet))(Ortiz, Andres) (Entered: 09/03/2025)
#2
Sep 03, 2025
CIVIL COVER SHEET filed by Petitioner Salim Esmail. (Ortiz, Andres) (Entered: 09/03/2025)
Main Document:
Civil Cover Sheet (CV-71)
#3
Sep 09, 2025
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Wesley L. Hsu and referred to Magistrate Judge Rozella A. Oliver, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car) (Entered: 09/09/2025)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#4
Sep 09, 2025
EX PARTE APPLICATION for Temporary Restraining Order as to unlawful detention and removal without notice Salim Nizar Esmail. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Ortiz, Andres) (Entered: 09/09/2025)
#5
Sep 10, 2025
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Rozella A. Oliver. Respondents shall e-file a Notice of Appearance that designates the attorney in charge of the case within seven (7) days. Respondent Todd Lyons to file Answer to the Petition not later than 10/1/2025; Kristi Noem to file Answer to the Petition not later than 10/1/2025. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (See attached) (Attachments: # 1 Copy of Petition) (edr) (Entered: 09/10/2025)
Main Document:
Order Requiring Return/Answer to Petition
#6
Sep 10, 2025
Notice of Appearance or Withdrawal of Counsel: for attorney Zakariya Koorosh Varshovi counsel for Respondents Todd Lyons, Kristi Noem. Adding Zakariya K. Varshovi as counsel of record for Kristi Noem and Todd Lyons for the reason indicated in the G-123 Notice. Filed by Defendants Kristi Noem and Todd Lyons. (Attorney Zakariya Koorosh Varshovi added to party Todd Lyons(pty:res), Attorney Zakariya Koorosh Varshovi added to party Kristi Noem(pty:res))(Varshovi, Zakariya) (Entered: 09/10/2025)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#7
Sep 11, 2025
OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to unlawful detention and removal without notice 4 filed by Respondents Todd Lyons, Kristi Noem. (Varshovi, Zakariya) (Entered: 09/11/2025)
#8
Sep 12, 2025
MINUTES (IN CHAMBERS) ORDER RE PETITIONER'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER 4 by Judge Wesley L. Hsu. For the reasons explained herein, the Court GRANTS the EPA for TRO in part, thereby ORDERING Respondents to release Petitioner forthwith and ENJOINING his further detention unless and until he is provided proper due process necessary for the revocation of an OSUP. The Court DENIES the EPA in part, where Petitioner has not demonstrated likelihood of success on the merits with respect to his removal claim. This TRO will expire in 14 days. A preliminary injunction hearing is set for September 26, 2025, at 11:30 a.m. Should the parties wish to submit additional briefing, Petitioner must file any opening brief and related submissions no later than September 17, 2025, at noon, and Respondents must file any opposing brief no later than September 22, 2025, at noon. No reply brief will be accepted. The Court will accept a stipulated briefing schedule extending these dates on the condition that the parties agree to an extension of the temporary restraining order. (lom) (Entered: 09/12/2025)
#9
Sep 17, 2025
NOTICE OF MOTION AND MOTION for Preliminary Injunction re Detention/Removal w/o Notice Salim Nizar Esmail. Motion set for hearing on 9/26/2025 at 11:00 AM before Judge Wesley L. Hsu. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Ortiz, Andres) (Entered: 09/17/2025)
#10
Sep 17, 2025
STIPULATION for Extension of Time to File Briefs Salim Nizar Esmail. (Attachments: # 1 Proposed Order)(Ortiz, Andres) (Entered: 09/17/2025)
Main Document:
Extension of Time to File Document
#11
Sep 18, 2025
ORDER RE STIPULATION EXTENDING TIME TO FILE BRIEFS AND SETTING A NEW HEARING DATE 10 by Judge Wesley L. Hsu. The Court orders the following: 1. Good cause exists to keep the same day for the parties' briefs; however, the parties are permitted to submit their briefs by 11:59 p.m. instead of noon; 2. Good cause exists to have the hearing at 1:30 p.m., instead of 11:30 a.m. on September 26, 2025. (lom) (Entered: 09/18/2025)
Main Document:
Stipulation and Order AND ~Util - Set/Reset Motion Hearing and R&R Deadlines
#12
Sep 22, 2025
OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Detention/Removal w/o Notice 9 filed by Respondents Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of John Park, # 2 Exhibit A (9-22-2025 OSUP))(Varshovi, Zakariya) (Entered: 09/22/2025)
#13
Sep 26, 2025
(IN CHAMBERS) ORDER VACATING MOTION FOR PRELIMINARY INJUNCTION HEARING 4 by Judge Wesley L. Hsu: In light of Parties submitting to the tentative order posted on the Court's website on 9/25/2025, the Court vacates the Motion hearing scheduled for 9/26/2025. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY (Entered: 09/26/2025)
#14
Sep 26, 2025
ORDER RE PETITIONER'S MOTION FOR PRELIMINARY INJUNCTION 9 by Judge Wesley L. Hsu. For the foregoing reasons, the Court GRANTS the Motion, thereby ENJOINING Petitioner's further detention unless and until he is provided proper due process necessary for the revocation of an OSUP and ENJOINING Petitioner's removal to a third country without notice or the opportunity to challenge removal through a reasonable fear interview. As explained herein, the Court waives the bond requirement. (lom) (Entered: 09/26/2025)
Sep 26, 2025
Text Only Scheduling Notice
#15
Oct 01, 2025
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents Todd Lyons, Kristi Noem. Motion set for hearing on 11/5/2025 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: # 1 Proposed Order) (Varshovi, Zakariya) (Entered: 10/01/2025)
#16
Oct 03, 2025
ORDER by Magistrate Judge Rozella A. Oliver, re: Respondents' Motion to Dismiss 15 . The Court is in receipt of Respondents' Motion to Dismiss. Petitioner's opposition shall be filed no later than seven 7 days of service. Any Reply is due seven days after service of the Opposition. Thereafter, the Court will take the matter under submission. The hearing noticed for November 5, 2025, at 10 a.m. is vacated. (TEXT ONLY ENTRY). (RAO) (Entered: 10/03/2025)
Oct 03, 2025
Order
#17
Oct 08, 2025
Response in Opposition to Motion
Nov 04, 2025
Text Only Scheduling Notice
May 08, 2026
Order
#20
May 15, 2026
Status Report
Main Document:
Status Report
#21
Jun 12, 2026
Dismiss Case
Main Document:
Dismiss Case
#23
Jun 30, 2026
JUDGMENT by Judge Wesley L. Hsu. IT IS HEREBY ORDERED AND ADJUDGED that the Petition for Writ of Habeas Corpus is granted in part and Judgment is entered in favor of Petitioner. Related to: Order 22 (MD JS-6, Case Terminated). (mrv)
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