Eastern District of California • 1:26-cv-00790

(HC) Lavish v. Albarran

Active

Case Information

Filed: January 29, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: February 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 29, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pamela Bondi, Todd M. Lyons, Kristi Noem by Lavish Lavish. (Filing fee $ 5, receipt number ACAEDC-12831817) (Bautista, Cynthia) (Entered: 01/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 29, 2026
MOTION re Temporary Restraining Order by Lavish Lavish. (Attachments: # 1 Exhibit TRO Checklist, # 2 Proposed Order Proposed Order for TRO) (Bautista, Cynthia) (Entered: 01/29/2026)
Main Document: Temporary Restraining Order
#3
Jan 29, 2026
MEMORANDUM by Lavish Lavish in SUPPORT OF. (Attachments: # 1 Civil Cover Sheet Civil Coversheet, # 2 Exhibit Exhibit, # 3 Exhibit Exhibit, # 4 Exhibit Exhibit, # 5 Exhibit Exhibit)(Bautista, Cynthia) (Entered: 01/29/2026)
Main Document: MEMORANDUM
#4
Jan 30, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Sergio Albarran,Jonathan Yu, GOVT for Tonya Andrews,Jonathan Yu, GOVT for Pamela Bondi,Jonathan Yu, GOVT for Todd M. Lyons,Jonathan Yu, GOVT for Kristi Noem (Yu, Jonathan) (Entered: 01/30/2026)
Main Document: DESIGNATION
#6
Jan 30, 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: 01/30/2026)
Main Document: CONSENT/DECLINE
#7
Jan 30, 2026
MINUTE ORDER signed by Chief District Judge Troy L. Nunley on 1/30/2026 ORDER FOR IMMEDIATE RELEASE FROM DETENTION FACILITY: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF Nos. 2, 3 ) 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 claims that Respondents violated the Immigration and Nationality Act and 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 6, 2026. Petitioner may file a reply by February 10, 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 JRW) (Entered: 01/30/2026)
#8
Jan 30, 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: 01/30/2026)
Main Document: CONSENT/DECLINE
Jan 30, 2026
Minute Order AND Order on Motion for TRO
#10
Feb 27, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#11
Feb 27, 2026
Judgment
Main Document: Judgment

Parties

Albarran
Party
(HC) Lavish
Party