Eastern District of California • 1:26-cv-01092

(HC) Kumar v. Chestnut

Active

Case Information

Filed: February 07, 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: February 09, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 07, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem by Vikram Kumar. (Filing fee $ 5, receipt number ACAEDC-12873220) (Attachments: # 1 Declaration, # 2 Exhibit Notice to Appear, # 3 Exhibit ROR, # 4 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 02/07/2026)
Main Document: PETITION
#2
Feb 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Vikram Kumar. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 02/07/2026)
Main Document: MOTION
#3
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 FMN) (Entered: 02/09/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 9, 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 Immigration and Nationality Act and 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. 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 February 16, 2026. Petitioner may file a reply by February 20, 2026. The parties shall indicate whether they request a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed to date in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. 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: 02/09/2026)
#5
Feb 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd Lyons,Anthony Andrews for Kristi Noem (Andrews, Anthony) (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
CERTIFICATE / PROOF of SERVICE by Vikram Kumar re 4 Minute Order,,,,,,,,,, Order on Motion for TRO,,,,,,,,,. (Kaur, Gurpreet) (Entered: 02/09/2026)
Main Document: Certificate / Proof of Service
Feb 09, 2026
Minute Order AND Order on Motion for TRO

Parties

Chestnut
Party
(HC) Kumar
Party