Eastern District of California • 1:26-cv-00982
(HC) Barez v. Warden of Mesa Verde Correctional Center
Active
Case Information
Filed: February 04, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
February 04, 2026
Parties:
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Docket Entries
#1
Feb 04, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden of Mesa Verde Correctional Center by Ehsanullah Barez. (Filing fee $ 5, receipt number ACAEDC-12858497) (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Entered: 02/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ehsanullah Barez. (Attachments: # 1 Proposed Order, # 2 Memorandum, # 3 Declaration, # 4 Exhibit)(Yasrebi, Arash) (Entered: 02/04/2026)
Main Document:
Temporary Restraining Order
#3
Feb 04, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/9/2026. (Deputy Clerk VMG) (Entered: 02/04/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Pamela Jo Bondi,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem,Anthony Andrews for Warden of Mesa Verde Correctional Center (Andrews, Anthony) (Entered: 02/04/2026)
Main Document:
DESIGNATION
#5
Feb 04, 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: 02/04/2026)
Main Document:
CONSENT/DECLINE
#6
Feb 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 02/04/2026: 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 claims 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. (ECF No. 2 .) 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 grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by 02/11/2026. Petitioner may file a reply by 02/13/2026. 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 Respondent' designated counsel for service. 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: 02/04/2026)
#7
Feb 04, 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: 02/04/2026)
Main Document:
CONSENT/DECLINE
Feb 04, 2026
Minute Order AND Order on Motion for TRO
Parties
(HC) Barez
Party
Warden of Mesa Verde Correctional Center
Party