Eastern District of California • 1:26-cv-01328

(HC) LNU v. Andrews

Active

Case Information

Filed: February 15, 2026
Assigned to: Dale Alan Drozd
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 15, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Satbir LNU. (Filing fee $ 5, receipt number ACAEDC-12909509) (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 02/15/2026)
Main Document: PETITION
#2
Feb 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Satbir LNU. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 02/15/2026)
Main Document: MOTION
#3
Feb 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LAO) (Entered: 02/17/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Respondents. (Ahmed, Ihsan) Modified on 2/20/2026 (HAH). (Entered: 02/17/2026)
Main Document: DESIGNATION
#5
Feb 17, 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: 02/17/2026)
Main Document: CONSENT/DECLINE
#6
Feb 17, 2026
MINUTE ORDER (Text Only Entry). signed by District Judge Dale A. Drozd on 2/17/2026: 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. Further, no later than today, 2/17/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM tomorrow, 2/18/2026. 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 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), and other similar cases 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: 02/17/2026)
#7
Feb 17, 2026
NOTICE of COMPLIANCE and PROOF of SERVICE by Satbir LNU. (Kaur, Gurpreet) Modified on 2/20/2026 (HAH). (Entered: 02/17/2026)
Main Document: Certificate / Proof of Service
#8
Feb 17, 2026
MOTION to DISMISS 1 Petition for Writ of Habeas Corpus for All Respondents Other than Petitioner's Immediate Custodian by Pamela Bondi, Todd Lyons, Kristi Noem. (Ahmed, Ihsan) Modified on 2/20/2026 (HAH). (Entered: 02/17/2026)
Main Document: Dismiss
Feb 17, 2026
Minute Order
#9
Feb 18, 2026
RESPONSE to 1 Petition; OPPOSITION to 2 Motion for Preliminary Injunction and Temporary Restraining Order by Respondents. (Ahmed, Ihsan) Modified on 2/24/2026 (HAH). (Entered: 02/18/2026)
Main Document: RESPONSE
#10
Feb 18, 2026
REPLY by Satbir LNU re 9 Response. (Kaur, Gurpreet) (Entered: 02/18/2026)
Main Document: REPLY
#11
Feb 19, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/19/2026: On 2/15/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on 3/28/2023 without inspection, was subsequently released from DHS custody on an order of release on recognizance, and on 2/7/2026 he was arrested by immigration authorities while attending a scheduled ICE appointment without explanation, justification or a hearing. (Doc. No. 2 at 2-3.) On 2/17/2026, 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 the situations addressed by 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. 6.) In respondents' opposition (Doc. No. 9 ) to petitioner's pending motion (Doc. No. 2 ), respondents concede that they "do not have legal arguments to distinguish this case from prior orders issued by the Court, nor do Respondents find material factual differences between this case and those identified by the Court." (Doc. No. 9 at 2.) Respondents also state they do not oppose conversion of the motion for temporary restraining order to a motion for preliminary injunction and do not request a hearing. (Id.) Still, respondents oppose petitioner's motion, citing the recent decision in Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026). (Id.) The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. See Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP, 2026 WL 392389 (Feb. 12, 2026). The court incorporates that reasoning here. Accordingly, pursuant to the court's reasoning as set forth 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 2/7/2026 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 Allison Claire for further proceedings. (Deputy Clerk PAB) (Entered: 02/19/2026)
Feb 19, 2026
Minute Order AND Order on Motion for TRO
#12
Feb 23, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 02/23/2026. Respondents request that a decision on the petition be held in abeyance pending the resolution of the pending Ninth Circuit appeals in Rodriguez v. Bostock, 779 F. Supp. 3d 1239 (W.D. Wash. 2025) and Carballo v. Andrews, 1:25-cv-0978 KES EPG, 2025 WL 2381464 (E.D. Cal. Aug. 15, 2025). ECF No. 9 . Within fourteen days, petitioner shall notify the court whether he opposes a stay of the petition pending the outcome of the appeal in Rodriguez and/or Carballo and, if so, on what grounds. (Text Only Entry). (Deputy Clerk JAA) (Entered: 02/23/2026)
#13
Feb 23, 2026
NOTICE re RESPONDENTS' REQUEST FOR STAY filed by Petitioner Satbir LNU. (Kaur, Gurpreet) Modified on 2/27/2026 (HAH). (Entered: 02/23/2026)
Main Document: NOTICE
Feb 23, 2026
Minute Order
#14
Feb 26, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 02/26/2026. Respondents' request that a decision on the petition be held in abeyance 9 is DENIED. The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and the filings in this action. If further briefing and evidence is needed, respondents may file an answer within twenty-one days from the date of this order. Petitioner may file a traverse within seven days of the date an answer is filed or due. If no further briefing is filed, the matter will be deemed submitted. (Text Only Entry). (Deputy Clerk JAA) (Entered: 02/26/2026)
Feb 26, 2026
Minute Order
#15
Mar 15, 2026
ANSWER (Return) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Ahmed, Ihsan) Modified on 3/19/2026 (KS). (Entered: 03/15/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#16
Mar 16, 2026
TRAVERSE (Reply) by Satbir LNU. (Kaur, Gurpreet) Modified on 3/19/2026 (KS). (Entered: 03/16/2026)
Main Document: TRAVERSE
#17
Jun 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Respondents, attorney Ihsan U. Ahmed terminated (Davis, Sean) (Entered: 06/11/2026)
Main Document: DESIGNATION
#18
Sep 16, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/15/2026 RECOMMENDING Petitioner's 1 application for a writ of habeas corpus be granted on the Fifth Amendment procedural due process claim and the Immigration and Nationality Act ("INA") claim; the court declare that petitioner's re-detention in February 2026 violated petitioner's rights under the Fifth Amendment Due Process Clause and the INA; the court dismiss without prejudice the remaining claims in the § 2241 petition in the interests of judicial economy since the requested relief has been granted; the preliminary injunctive relief previously granted be made permanent; Respondents' 8 motion to dismiss be denied; Petitioner's request for attorney's fees and costs be denied without prejudice to bringing a properly noticed and supported motion; All other pending motions, if any, be denied as moot; and the Clerk of Court be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 3 days. (Deputy Clerk KLY) (Entered: 09/16/2026)
Main Document: Findings and Recommendations
#19
Sep 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Tonya Andrews,Gabriel Andres Soto-Perez for Pamela Bondi,Gabriel Andres Soto-Perez for Todd M. Lyons,Gabriel Andres Soto-Perez for Kristi Noem, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 09/18/2026)
Main Document: DESIGNATION
#20
Sep 18, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Respondents Tonya Andrews, Pamela Bondi, Todd M. Lyons, Kristi Noem. (Soto-Perez, Gabriel) (Entered: 09/18/2026)
Main Document: Objections to Findings and Recommendations
#21
Sep 30, 2026
ORDER signed by District Judge Dale A. Drozd on 09/30/26 ADOPTING 18 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED and RESTRAINED from re-detaining petitioner unless it provides petitioner with notice and a pre-detention hearing before an immigration judge. DENYING 8 Motion to Dismiss. CASE CLOSED. (Deputy Clerk VLC)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss
#22
Sep 30, 2026
Judgment
Main Document: Judgment

Parties

Andrews
Party
(HC) LNU
Party