Eastern District of California • 1:26-cv-01037

(HC) Kamal Kamel v. Chestnut

Active

Case Information

Filed: February 06, 2026
Assigned to: Dale Alan Drozd
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 16, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 06, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem by Hani Fadl Kamal Kamel. (Filing fee $ 5, receipt number ACAEDC-12868105) (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Bond order, # 3 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 02/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hani Fadl Kamal Kamel. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 02/06/2026)
Main Document: Temporary Restraining Order
#3
Feb 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/12/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 02/06/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 06, 2026
DECLARATION of Gurpreet Kaur re 1 Petition for Writ of Habeas Corpus,. (Kaur, Gurpreet) (Entered: 02/06/2026)
Main Document: DECLARATION
#5
Feb 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Pamela Bondi,Cody S. Chapple for Christopher Chestnut,Cody S. Chapple for Todd Lyons,Cody S. Chapple for Kristi Noem (Chapple, Cody) (Entered: 02/06/2026)
Main Document: DESIGNATION
#6
Feb 06, 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: 02/06/2026)
Main Document: CONSENT/DECLINE
#7
Feb 06, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/6/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by Monday, 2/9/2026, at 5:00 PM. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), or other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 02/06/2026)
Feb 06, 2026
Minute Order
#8
Feb 09, 2026
OPPOSITION to 2 Motion for Temporary Restraining Order and Preliminary Injunction, and RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem. (Chapple, Cody) Modified on 2/12/2026 (HAH). (Entered: 02/09/2026)
Main Document: OPPOSITION
#9
Feb 10, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion
#10
Feb 11, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/11/2026: On 2/6/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on 9/27/2024 without inspection, shortly thereafter he was detained and then released pursuant to an order of release on recognizance, and on 8/26/2025 he was arrested while attending a regularly scheduled ICE appointment without explanation or justification. (Doc. No. 2 at 2.) On 2/6/2026, the court set a briefing schedule on petitioner's pending motion and ordered respondents to substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025). (Doc. No. 7.) In respondents' opposition (Doc. No. 8 ) to petitioner's motion for a temporary restraining order (Doc. No. 2 ), respondents concede that they "are unaware of any substantively distinguishable facts between this case and this Court's decisions in" Perez and O.A.C.S. (Doc. No. 8 at 1.) Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction. (Id. at 2.) Accordingly, pursuant to the court's reasoning as stated in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his 8/26/2025 re-detention; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate a change in circumstances justifying petitioner's re-detention. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Dennis M. Cota for further proceedings. (Deputy Clerk PAB) (Entered: 02/11/2026)
Feb 11, 2026
Minute Order AND Order on Motion for TRO
#11
Feb 12, 2026
MINUTE ORDER signed by Magistrate Judge Dennis M. Cota on 2/12/26: The District Judge issued a temporary restraining order ordering Petitioner's release and a preliminary injunction continuing the terms. See ECF No. 10 . Respondents' opposition to injunctive relief was filed as a joint opposition and answer/return to the petition. See ECF No. 8 . Accordingly, Petitioner may file a traverse/reply by February 19, 2026, to ECF No. 8, or inform the Court they stand on the petition. Respondents are additionally DIRECTED to file a notice certifying compliance with the Court's order, ECF No. 10, on or before February 17, 2026. SO ORDERED. (Text Only Entry), (Filing Deadline: 2/17/2026 ) (Deputy Clerk JLP) (Entered: 02/12/2026)
Feb 12, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Feb 16, 2026
Notice (Other)
Main Document: Notice (Other)

Parties

Chestnut
Party
(HC) Kamal Kamel
Party