Eastern District of California • 1:26-cv-00978

(HC) Kovalchuk v. Martinez

Active

Case Information

Filed: February 04, 2026
Assigned to: Jennifer L. Thurston
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: February 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 08, 2026
PETITION for Writ of Habeas Corpus (Fed/2241) filed by Leonid Kovalchuk. (14 pages and envelope) (Attachments: # 1 Envelope)(EJA) [Transferred from azd on 2/4/2026.] (Entered: 01/08/2026)
Main Document: PETITION
#2
Jan 08, 2026
MOTION to Appoint Counsel by Leonid Kovalchuk. (2 pages) (EJA) [Transferred from azd on 2/4/2026.] (Entered: 01/08/2026)
Main Document: MOTION
#3
Jan 08, 2026
NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (EJA) [Transferred from azd on 2/4/2026.] (Entered: 01/08/2026)
Main Document: NOTICE
#4
Jan 23, 2026
ORDER denying 2 Motion to Appoint Counsel. The Clerk's Office must substitute Luis Rosa, Jr. as the Respondent in this case. The Clerk must serve a copy of the Summons, the Petition (Doc. 1) and this Order upon the United States Attorney for the District of Arizona, United States Attorney General, and to Respondents by certified mail. The Clerk must immediately transmit by email a copy of this Order and the Petition to AUSA Katherine Branch, Melissa Kroeger, Lon Leavitt, and Theo Nickerson. Respondents must show cause no later than 1/30/26, why the Petition should not be granted. Petitioner may file a reply no later than 2/6/26. The Clerk must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). Signed by Judge Michael T Liburdi on 1/22/26. (DXD) [Transferred from azd on 2/4/2026.] (Entered: 01/23/2026)
Main Document: ORDER
#5
Jan 23, 2026
Summons Issued as to Luis Rosa, Jr, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons)(DXD) [Transferred from azd on 2/4/2026.] (Entered: 01/23/2026)
Main Document: Summons
#7
Jan 27, 2026
Mail Returned as Undeliverable. Mail sent to Leonid Kovalchuk. Reason for return: Released 1-2-26. Document number 3 . (KLG) [Transferred from azd on 2/4/2026.] (Entered: 01/28/2026)
Main Document: Mail
#8
Jan 30, 2026
SERVICE EXECUTED: Certified Mail Receipt re: Summons, Petition and Order upon Luis Rosa Jr. on 1/27/26. (EJA) [Transferred from azd on 2/4/2026.] (Entered: 01/30/2026)
Main Document: SERVICE
#9
Jan 30, 2026
SERVICE EXECUTED: Certificate of Service re: Summons, Petition and Order upon U.S. Attorney, District of Arizona on 1/27/26. (EJA) [Transferred from azd on 2/4/2026.] (Entered: 01/30/2026)
Main Document: SERVICE
#10
Jan 30, 2026
MOTION to Change Venue/Transfer Case to Eastern District of California, MOTION for Extension of Time to File Answer re: 4 Order on Motion to Appoint Counsel,,, 1 Petition for Writ of Habeas Corpus (Fed/2241) by Luis Rosa, Jr. (Attachments: # 1 Proposed Order)(Branch, Katherine) [Transferred from azd on 2/4/2026.] (Entered: 01/30/2026)
Main Document: MOTION
#11
Feb 04, 2026
Order on Motion to Change Venue
Main Document: Order on Motion to Change Venue
#12
Feb 04, 2026
CASE TRANSFERRED IN from District of Arizona; Case Number 2:26-cv-00106. (Entered: 02/04/2026)
Main Document: Case Transferred In - District Transfer
#13
Feb 04, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 02/04/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#14
Feb 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Unknown Estapa,Cody S. Chapple for N. Martinez,Cody S. Chapple for Luis Rosa, Jr,Cody S. Chapple for United States Department of Homeland Security (Chapple, Cody) (Entered: 02/04/2026)
Main Document: DESIGNATION
Feb 04, 2026
Service by Mail
Feb 04, 2026
SERVICE BY MAIL: 13 Prisoner New Case Documents served on Leonid Kovalchuk. (Deputy Clerk SSA)
#15
Feb 06, 2026
05 - HC/Order Authorizing IFP
Main Document: 05 - HC/Order Authorizing IFP
Feb 06, 2026
SERVICE BY MAIL: 15 Order Authorizing IFP Status served on Leonid Kovalchuk. (Deputy Clerk SSA)
Feb 06, 2026
Service by Mail
#16
Feb 09, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document: 06 - HC/Order Requiring Respondent to File a Response
Feb 09, 2026
SERVICE BY MAIL: 16 Order Directing Respondent to File a Response to the Petition served on Leonid Kovalchuk. (Deputy Clerk CRM)
Feb 09, 2026
Service by Mail
#17
Feb 17, 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. (Deputy Clerk OFR) (Entered: 02/18/2026)
Main Document: CONSENT/DECLINE
#18
Feb 23, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#19
Feb 23, 2026
Appoint Counsel
Main Document: Appoint Counsel
#20
Feb 23, 2026
Appoint Counsel
Main Document: Appoint Counsel
#21
Feb 24, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 18). Petitioner asserts that he has been detained since May 20, 2025 (Doc. 18 at 5 ), more than 8 months ago. He has received bond determinations on August 20, 2025 and November 20, 2025. (Doc. 1 at 4) He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. 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. Petitioner may file a traverse no later than 15 days after the 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 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 relief signed by District Judge Jennifer L. Thurston on February 24, 2026. (Deputy Clerk IM) (Entered: 02/24/2026)
Feb 24, 2026
Order on Motion for TRO