Eastern District of California • 1:26-cv-01053

(HC) Sun v. Warden of California City Detention Facility

Active

Case Information

Filed: February 06, 2026
Assigned to: Dale Alan Drozd
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 27, 2026
Parties: View All Parties →

Docket Entries

#2
Feb 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Shenggang Sun. (Deputy Clerk RRB) (Entered: 02/09/2026)
Main Document: In Forma Pauperis
#3
Feb 06, 2026
MOTION to APPOINT COUNSEL by Shenggang Sun. (Deputy Clerk RRB) (Entered: 02/09/2026)
Main Document: Appoint Counsel
#1
Feb 09, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#4
Feb 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/16/2026. (Attachments: # 1 HC - Litigant Letter) (Deputy Clerk RRB) (Entered: 02/09/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
Feb 09, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Shenggang Sun. (Deputy Clerk RRB)
Feb 09, 2026
Service by Mail
#5
Feb 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden of California City Detention Facility. (Rodriguez, Camilo) (Entered: 02/10/2026)
Main Document: DESIGNATION
#6
Feb 10, 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: 02/10/2026)
Main Document: CONSENT/DECLINE
Feb 12, 2026
RECEIPT number 100007247 for $5.00 for Writ of Habeas Corpus from Shenggang Sun. (Deputy Clerk OFR)
#7
Feb 17, 2026
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Feb 17, 2026
Service by Mail
Feb 17, 2026
SERVICE BY MAIL: 7 Order served on Shenggang Sun. (Deputy Clerk KLY)
#9
Feb 20, 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 KML) (Entered: 02/24/2026)
Main Document: CONSENT/DECLINE
#8
Feb 24, 2026
MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 2/24/2026: Pursuant to the 7 Order dated 2/17/2026, the appointing authority for the Eastern District of California has confirmed that Federal Public Defender, District of Idaho and Jonah Horwitz, Assistant Federal Public Defender, seek appointment and notified of Counsel's contact information. Attorney Jonah Horwitz is hereby appointed as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Jonah Horwitz, as counsel for petitioner on an ad hoc basis in this matter. (Text only entry) (Deputy Clerk NAC) (Entered: 02/24/2026)
Feb 24, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#10
Mar 06, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#11
Mar 06, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/6/2026: Pending the issuance of the court's order resolving the pending 10 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 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 exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 10 motion for temporary restraining order. Respondents shall file a written opposition to the pending 10 motion for temporary restraining order by 5:00 PM on Monday, 3/9/2026. 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 Arshakyam v. Warden of California City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026) or Uzzhina v. Chestnut, No. 1:25-cv-01594-DAD-SCR, 2025 WL 3458787 (E.D. Cal. Dec. 2, 2025), and 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 and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk JRM) (Entered: 03/06/2026)
Mar 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Mar 09, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 10 Motion for Temporary Restraining Order by Respondent Warden of California City Detention Facility. (Rodriguez, Camilo) Modified on 3/13/2026 (KS). (Entered: 03/09/2026)
Main Document: ANSWER
#13
Mar 10, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/10/2026: On 3/6/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on 12/13/2011, he was paroled from immigration custody on 12/13/2012, on 10/3/2022 he was convicted of conspiracy to commit pandering and a judgment of conviction was entered, on 7/5/2024, following his release from prison, he was taken into custody by ICE pursuant to 8 U.S.C. § 1226(c), he informed officials that he has a fear of persecution or torture if he were removed to China, and on 2/20/2025 an immigration judge issued a removal order for petitioner while he was still in custody. (Doc. No. 10 at 3-4.) Petitioner further alleges that he has not received a bond hearing or an adequate opportunity to substantiate his fear of persecution in the immigration court. (Id. at 4.) Also on 3/6/2026, the court set a briefing schedule on petitioner's pending motion and ordered respondent to substantively address whether any provision of law or fact in this case would distinguish it from the situations addressed by this court's decisions in Arshakyam v. Warden of California City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026) or Uzzhina v. Chestnut, No. 1:25-cv-01594-DAD-SCR, 2025 WL 3458787 (E.D. Cal. Dec. 2, 2025). (Doc. No. 11.) In their opposition (Doc. No. 12 ), respondent concedes "that the factual and legal issues present here are not substantively distinguishable" from Arshakyam. (Doc. No. 12 at 8.) Respondent also states that they do not oppose conversion of the motion for temporary restraining order to a motion for preliminary injunction. (Id. at 1.) Accordingly, pursuant to the court's reasoning as set forth in Arshakyam, petitioner's motion for a temporary restraining order (Doc. No. 10 ) is CONVERTED into a motion for preliminary injunction and is GRANTED in part, and the court ORDERS the following: (1) Respondent is ORDERED to provide petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within ten (10) days of the date of entry of this order; and (2) petitioner's request for a temporary restraining order requiring respondent to immediately release him from confinement is DENIED without prejudice. 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 Edmund F. Brennan for further proceedings. (Deputy Clerk JRM) (Entered: 03/10/2026)
Mar 10, 2026
Minute Order AND Order on Motion for TRO
#14
Mar 19, 2026
Vacate
Main Document: Vacate
#15
Mar 26, 2026
Order AND Order on Motion to Vacate AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND Order on Motion to Vacate AND ~Util - 1 Set/Reset Deadlines and Hearings
#16
Mar 31, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Apr 08, 2026
SUPPLEMENT by Shenggang Sun re 1 Petition for Writ of Habeas Corpus. (Horwitz, Jonah) (Entered: 04/08/2026)
Main Document: SUPPLEMENT
#18
Apr 17, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#19
Apr 20, 2026
Extension of Time
Main Document: Extension of Time
#20
Apr 20, 2026
Notice (Other)
Main Document: Notice (Other)
#21
Apr 20, 2026
AMENDED NOTICE of LODGING Compact Disc in Support of 18 Amended Return to Petition for Writ of Habeas Corpus by Warden of California City Detention Facility. (Rodriguez, Camilo) Modified on 4/21/2026 (KS). (Entered: 04/20/2026)
Main Document: AMENDED
Apr 21, 2026
ACKNOWLEDGEMENT OF RECEIPT of Compact Disc from Camilo Rodriguez re 21 Amended Notice of Lodging. [ROUTED TO THE FILE ROOM] (Text only entry) (Deputy Clerk LMS)
#22
Apr 27, 2026
Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Sun
Party
Warden of California City Detention Facility
Party