Eastern District of California • 1:26-cv-01083
(HC) Bhusal v. Albarran
Active
Case Information
Filed: February 06, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 15, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 06, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran by Gopal Bhusal. (Filing fee $ 5, receipt number ACAEDC-12872549) (Attachments: # 1 Civil Cover Sheet, # 2 Decl. of Counsel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C) (Upshaw, Hayley) Modified on 2/12/2026 (KS). (Entered: 02/06/2026)
Main Document:
PETITION
#2
Feb 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gopal Bhusal. (Attachments: # 1 Decl. of Counsel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Upshaw, Hayley) Modified on 2/12/2026 (KS). (Entered: 02/06/2026)
Main Document:
MOTION
#3
Feb 09, 2026
CLERK'S NOTICE to Hayley Upshaw re Civil Cover Sheet:Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk AML) (Entered: 02/09/2026)
#4
Feb 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 02/09/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Camilo Rodriguez, GOVT added for All Respondents. (Rodriguez, Camilo) Modified on 2/12/2026 (KS). (Entered: 02/09/2026)
Main Document:
DESIGNATION
#6
Feb 09, 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: 02/09/2026)
Main Document:
CONSENT/DECLINE
#7
Feb 09, 2026
CIVIL COVER SHEET filed by Gopal Bhusal. (Upshaw, Hayley) (Entered: 02/09/2026)
Main Document:
CIVIL
#8
Feb 09, 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: 02/09/2026)
Main Document:
CONSENT/DECLINE
#9
Feb 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 9, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by February 12, 2026. Petitioner may file a reply by February 18, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction. The parties shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). TODAY, Petitioner's counsel shall serve a copy of this minute order and all documents filed in this case to date on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/09/2026)
Feb 09, 2026
Minute Order
#10
Feb 12, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rodriguez, Camilo) Modified on 2/17/2026 (KS). (Entered: 02/12/2026)
Main Document:
ANSWER
#11
Feb 13, 2026
REPLY by Gopal Bhusal to RESPONSE to 2 Motion for Temporary Restraining Order. (Upshaw, Hayley) (Entered: 02/13/2026)
Main Document:
Reply to Response to Motion
#12
Feb 13, 2026
PROPOSED ORDER re Preliminary Injunction re 2 Motion for Temporary Restraining Order by Gopal Bhusal. (Upshaw, Hayley) (Entered: 02/13/2026)
Main Document:
PROPOSED
#13
Feb 14, 2026
NOTICE of APPEARANCE by Genna Ellis Beier on behalf of Gopal Bhusal. Attorney Beier, Genna Ellis added. (Beier, Genna) (Entered: 02/14/2026)
Main Document:
Notice of Appearance
#14
Feb 24, 2026
ORDER signed on by Chief District Judge Troy L. Nunley on 2/23/26 GRANTING IN PART 2 Motion for TRO. Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner for more than 7 days from the date of this Order without a bond hea ring before a neutral fact-finder at which Respondents bear the burden to justify Petitioner's detention by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. If Petitioner is not found to be a danger to society or flight risk, Respondents must IMMEDIATELY RELEASE Petitioner. Respondents are DIRECTED within 8 days of this order to file a notice compliance with this court's order and if a bond hearing was held, identify the outcome of the hea ring. If Petitioner is released, Respondents are further ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7 days notice and a pre-deprivation hearing before a neutral fa ct-finder where Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future. At any such hearing, Petitioner shall be allowed to have counsel present. Responde nts are DIRECTED to SHOW CAUSE why the court should not grant the 1 Petition and enter judgment in favor of Petitioner. Respondents are DIRECTED to file a response within 8 days of this order, and petitioner is to file a reply 12 days from this order. Parties are DIRECTED to indicate in the briefing if a hearing is requested. (Deputy Clerk AMW)
#15
Mar 04, 2026
NOTICE of Compliance with 14 Court Order by Respondents. (Attachments: # 1 Exhibit Bond Order)(Rodriguez, Camilo) Modified on 3/5/2026 (KLY). (Entered: 03/04/2026)
Main Document:
Notice (Other)
#16
Mar 04, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem. (Rodriguez, Camilo) (Entered: 03/04/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#17
Mar 06, 2026
EMERGENCY MOTION to ENFORCE 14 ORDER and IMMEDIATE RELEASE by Gopal Bhusal. (Attachments: # 1 Declaration, # 2 Exhibit Exhibits A-F)(Upshaw, Hayley) Modified on 3/6/2026 (JAW). (Entered: 03/06/2026)
Main Document:
Enforce Judgment
#18
Mar 06, 2026
NOTICE of Release by Gopal Bhusal re 17 Motion to Enforce Order. (Upshaw, Hayley) Modified on 3/9/2026 (KLY). (Entered: 03/06/2026)
Main Document:
Notice (Other)
#19
Mar 08, 2026
REPLY by Gopal Bhusal re 16 Answer to Petition for Writ of Habeas Corpus. (Upshaw, Hayley) (Entered: 03/08/2026)
Main Document:
REPLY
#20
Mar 12, 2026
MOTION to ENFORCE JUDGMENT by Gopal Bhusal. (Attachments: # 1 Declaration, # 2 Exhibit)(Upshaw, Hayley) (Entered: 03/12/2026)
Main Document:
Enforce Judgment
#21
Mar 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 16, 2026: In light of Petitioner's release, Petitioner's Emergency Motion to Enforce Order (ECF No. 17 ) is DENIED as moot. Further, Respondents shall file a response to Petitioner's Motion to Enforce Judgment (ECF No. 20 ) by March 18, 2026. Petitioner shall file a reply, if any, by March 20, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/16/2026)
Mar 16, 2026
Minute Order AND Order on Motion to Enforce Judgment
#22
Mar 18, 2026
RESPONSE to 20 Motion to Enforce Judgment by All Respondents. (Rodriguez, Camilo) Modified on 3/24/2026 (KS). (Entered: 03/18/2026)
Main Document:
RESPONSE
#23
Mar 19, 2026
SUPPLEMENT to 22 Response to Motion to Enforce Judgment by All Respondents. (Rodriguez, Camilo) Modified on 3/24/2026 (KS). (Entered: 03/19/2026)
Main Document:
SUPPLEMENT
#24
Mar 20, 2026
REPLY to 22 Response to Motion to Enforce Judgment by Gopal Bhusal. (Attachments: # 1 Declaration)(Upshaw, Hayley) Modified on 3/25/2026 (KS). (Entered: 03/20/2026)
Main Document:
Reply to Response to Motion
#25
Mar 24, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 3/23/2026 GRANTING 20 Motion to Enforce Judgment. Respondents are ENJOINED and RESTRAINED from enrolling Petitioner in ISAP or ATD or any other restrictions or conditions not determined to b e necessary by a neutral fact-finder at a hearing. Respondents are ORDERED to return all of Petitioner's documents andpossessions, including petitioners California identification and Employment Authorization Document, by3/27/26, and file a status update with the court by 3/27/26 informing the status of petitioner's documents. (Deputy Clerk AMW)
#26
Mar 27, 2026
STATUS REPORT by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Declination of Consent Declaration of Deportation Officer)(Rodriguez, Camilo) (Entered: 03/27/2026)
Main Document:
STATUS
#27
Mar 30, 2026
STATUS REPORT by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Declaration Declaration of (A)AFOD Gilber)(Rodriguez, Camilo) (Entered: 03/30/2026)
Main Document:
STATUS
#30
Apr 21, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 4/20/2026 DIRECTING respondents to coordinate with U.S. Citizenship and Immigration Services to reissue Petitioner's Employment Authorization Document Form I-765 on an expedited basis witho ut any cost to petitioner and ORDERING respondents to reimburse petitioner $46 for the fees associated with replacement of his California identification within seven 7 days after Petitioner furnishes proof of payment to replace his identification. (Deputy Clerk AMW)
#31
Jun 15, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 06/12/26 GRANTING 1 Petition for Writ of Habeas Corpus. 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 before a neutral fact-finder where Respondents show that circumstances have materially changed such that: (a) there exists a significant likelihood of Petitioner's removal in the re asonably foreseeable future, or (b) there is clear and convincing evidence that the government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. See Zadvydas, 533 U.S. at 690; Hernandez, 872 F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to enter judgment in favor of Petitioner. CASE CLOSED. (Deputy Clerk KML)
#32
Jun 15, 2026
Judgment
Main Document:
Judgment
Parties
Albarran
Party
(HC) Bhusal
Party