Eastern District of California • 1:26-cv-01098
(HC) Hannan v. Chestnut
Active
Case Information
Filed: February 09, 2026
Assigned to:
Troy Lynne Nunley
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:
February 09, 2026
Parties:
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Docket Entries
#1
Feb 09, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Abdul Hannan. (Filing fee $ 5, receipt number ACAEDC-12876140) (Attachments: # 1 Civil Cover Sheet)(Adhikari, Laxman) (Entered: 02/09/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 09, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Abdul Hannan. (Attachments: # 1 Declaration with Exhibits, # 2 Proposed Order, # 3 TRO Checklist)(Adhikari, Laxman) Modified on 2/9/2026 (AJB). (Entered: 02/09/2026)
Main Document:
Temporary Restraining Order
#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 AJB) (Entered: 02/09/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Feb 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 02/09/2026: 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 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. (ECF No. 2 .) 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 02/16/2026. Petitioner may file a reply by 02/20/2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed 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
CERTIFICATE / PROOF of SERVICE by Abdul Hannan. Attorney Adhikari, Laxman added.. Attorney Adhikari, Laxman added as counsel of record. (Adhikari, Laxman) (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) Hannan
Party