Eastern District of California • 1:26-cv-00969
(HC) Abushinova v. Warden of California Correctional Center
Completed
Case Information
Filed: February 04, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 04, 2026
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California Correctional Center by Valeriia Abushinova. (Deputy Clerk VLK) (Entered: 02/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 05, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/12/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 02/05/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#3
Feb 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Warden of California Correctional Center (Lee, Calvin) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#4
Feb 05, 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: 02/05/2026)
Main Document:
CONSENT/DECLINE
Feb 05, 2026
RECEIPT number 100007125 for $5.00 for filing fee from Valeriia Abushinova. (Deputy Clerk VLK)
Feb 05, 2026
Service by Mail
Feb 05, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Valeriia Abushinova. (Deputy Clerk VLK)
#5
Feb 06, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Feb 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 2/6/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 5 . Attorney Griffin Estes is hereby appointed as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Griffin Estes, Assistant Federal Defender, 2300 Tulare Street, Suite 330, Fresno, CA 93721-2226, (559) 487-5561, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 02/06/2026)
Feb 06, 2026
SERVICE BY MAIL: 5 Order served on Valeriia A. (Deputy Clerk KML)
Feb 06, 2026
Service by Mail
Feb 06, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Feb 06, 2026
SERVICE BY MAIL: 6 Minute Order served on Valeriia A. (Deputy Clerk MDK)
#7
Feb 09, 2026
RESPONSE by Warden of California Correctional Center to 1 Petition for Writ of Habeas Corpus. (Lee, Calvin) (Entered: 02/09/2026)
Main Document:
RESPONSE
#8
Feb 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 9, 2026: In light of Petitioner's appointment of counsel, Petitioner may file a reply to the construed motion for TRO (ECF Nos. 1, 5 ) by February 12, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/09/2026)
Feb 09, 2026
Minute Order
#9
Feb 10, 2026
REPLY by Valeriia A. re 7 Response. (Estes, Griffin) (Entered: 02/10/2026)
Main Document:
REPLY
#10
Mar 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 17, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO") as construed by this Court. (ECF No. [5.]) The Court has reviewed Petitioner's motion and finds Petitioner has met her 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 her claims that Respondents violated the Fifth Amendment Due Process Clause for prolonged detention (see, e.g., L.S. v. Warden, Otay Mesa Det. Ctr., No. 25CV3598-LL-BJW, 2026 WL 143150, at *6 (S.D. Cal. Jan. 20, 2026)); (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. Accordingly, Petitioner's Motion for TRO is GRANTED. Respondents must provide Petitioner (A# 244-839-217) a bond hearing within three (3) days of this Order where Respondents bear the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider alternative conditions of release and Petitioner's financial circumstances for bond. Hernandez v. Sessions, 872 F.3d 976, 991 (9th Cir. 2017). At the hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to the community or flight risk, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the neutral decisionmaker at the hearing. By March 24, 2026, Respondents file a notice of compliance and identify the outcome of the bond hearing and Petitioner's custody status. The bond requirement of Fed. R. Civ. P. 65(c) is waived. 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 March 24, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the motion for TRO. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 30, 2026. The parties shall indicate whether they request a hearing. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/17/2026)
Mar 17, 2026
Minute Order
#11
Mar 23, 2026
Notice (Other)
Main Document:
Notice (Other)
#12
Mar 24, 2026
REPLY by Valeriia A. re 11 Notice - Other. (Attachments: # 1 Declaration of Griffin Estes)(Estes, Griffin) (Entered: 03/24/2026)
Main Document:
REPLY
#13
Mar 24, 2026
RESPONSE by Warden of California Correctional Center to 12 Reply, 10 Minute Order,,,,,,,,,,. (Attachments: # 1 Exhibit Attachment 1)(Lee, Calvin) (Entered: 03/24/2026)
Main Document:
RESPONSE
#14
Mar 27, 2026
REPLY by Valeriia A. re 13 Response. (Attachments: # 1 Declaration of Alex Kononenko)(Estes, Griffin) (Entered: 03/27/2026)
Main Document:
REPLY
#15
Apr 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 1, 2026: This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/01/2026)
#16
Apr 01, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/1/2026: Based on the parties' briefs submitted after the grant of a temporary restraining order in this case, respondent is hereby ordered either to file a transcript of petitioner's immigration court bond hearing of March 20, 2026 or to lodge an audio file of that same hearing no later than 5:00 p.m. on April 3, 2026. (Deputy Clerk SH) (Entered: 04/01/2026)
Apr 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 01, 2026
Minute Order
#17
Apr 03, 2026
STATUS REPORT by Warden of California Correctional Center. (Lee, Calvin) (Entered: 04/03/2026)
Main Document:
STATUS
#18
Apr 06, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/6/2026: Respondents seek an extension of time to file or lodge either a transcript or audio recording of petitioner's bond hearing (ECF No. 17 ). That request is granted. Respondents shall file or lodge the transcript or recording no later than 5:00 p.m. on April 8, 2026. (Deputy Clerk SH) (Entered: 04/06/2026)
Apr 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#19
Apr 07, 2026
Notice of Filing / Lodging Document
Main Document:
Notice of Filing / Lodging Document
#20
Apr 07, 2026
ACKNOWLEDGEMENT OF RECEIPT of lodged computer disc from USA re 19 Notice of Lodging. (Routed to File Room) (Text only entry) (Deputy Clerk KEZ) (Entered: 04/08/2026)
#21
Apr 10, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/10/2026: A review of Immigration and Customs Enforcement's Online Detainee Locator System, indicates that petitioner is no longer detained. See https://perma.cc/CV2W-S73M. Therefore, petitioner is ordered to show cause in writing within 7 days why the pending § 2241 petition is not moot. If petitioner determines that the habeas petition is moot, she may file a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (Deputy Clerk SH) (Entered: 04/10/2026)
Apr 10, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#22
Apr 14, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#23
Apr 23, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/23/2026: Based on the motion to voluntarily dismiss this case filed by petitioner, the parties are directed to submit a stipulation of voluntary dismissal with a proposed order pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) within 14 days from the date of this order. (Deputy Clerk SH) (Entered: 04/23/2026)
Apr 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#24
May 01, 2026
STIPULATION and PROPOSED ORDER FOR VOLUNTARY DISMISSAL by Warden of California Correctional Center. (Lee, Calvin) (Entered: 05/01/2026)
Main Document:
STIPULATION
#25
May 04, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/4/2026: Pursuant to the parties' stipulation for dismissal (ECF No. 24 ) and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action is DISMISSED without prejudice. CASE CLOSED. (Deputy Clerk SH) (Entered: 05/04/2026)
May 04, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Civil Case
Parties
(HC) Abushinova
Party
Warden of California Correctional Center
Party