Eastern District of California • 1:26-cv-01365

#1

Feb 17, 2026

PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Abdullah Mamun. (Filing fee $ 5, receipt number ACAEDC-12916103) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 02/17/2026)

#2

Feb 17, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Abdullah Mamun. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) Modified on 2/23/2026 (HAH). (Entered: 02/17/2026)

#3

Feb 17, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 3/23/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 02/17/2026)

#4

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 tomorrow, 2/18/2026, 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 on Thursday, 2/19/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 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. 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)

#5

Feb 17, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Imi Zaidi, GOVT for Respondents. (Zaidi, Imi) Modified on 2/23/2026 (HAH). (Entered: 02/17/2026)

#6

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)

#7

Feb 17, 2026

PROOF of SERVICE by Abdullah Mamun. (Salgado, Mario) Modified on 2/23/2026 (HAH). (Entered: 02/17/2026)

Feb 17, 2026

Minute Order

#8

Feb 19, 2026

MOTION to DISMISS and RESPONSE to 1 Petition for Writ of Habeas Corpus; OPPOSITION to Preliminary Injunction and Temporary Restraining Order by Respondents. (Zaidi, Imi) (Entered: 02/19/2026)

#9

Feb 20, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 2/20/2026: On 2/17/2026, petitioner filed a motion for temporary restraining order seeking immediate release from respondents' custody. (Doc. No. 2 .) On 2/19/2026, respondents filed an opposition to the pending motion. (Doc. No. 8 ). They argue therein that because petitioner entered the United States illegally, he is an applicant for admission who is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). (Id. at 1) (citing Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330, at *1 (5th Cir. Feb. 6, 2026)). However, respondents also concede that this case is not distinguishable from the court's prior order in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025). In addition, respondents do not oppose converting the motion for temporary restraining order into a motion for preliminary injunction. (Id. at 2.) On or about 4/5/2024, petitioner entered the United States where he was subsequently detained by Customs and Border Protections officials, placed into removal proceedings, and released into the United States. On or about 1/13/2026, petitioner was re-detained at an Immigration and Customs Enforcement ("ICE") office in New York without any prior notice or explanation. He was subsequently transferred to the California City Detention Center, which is where he is currently detained. Petitioner did not violated any conditions of his release before ICE re-detained him. The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389, (Feb. 12, 2026). The court incorporates that reasoning here. Having considered the circumstances surrounding petitioner's detention and the parties' arguments, the court finds instructive the reasoning set forth in its prior order in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083, at *2-6 (E.D. Cal. Nov. 21, 2025) where the court concluded that the government's previous decision to release the petitioner from immigration custody created a liberty interest in their continued freedom from detention, and the decision to re-detain the petitioner without a pre-detention hearing violated due process. Accordingly, the court adopts the reasoning of the decision in Ayala Cajina, CONVERTS petitioner's motion for a temporary restraining order into a motion for preliminary injunction, and GRANTS it as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody under the same conditions he was subject to prior to his re-detention on 1/13/2026; (2) Respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner is either a danger to the community or flight risk. In light of this order, respondents' motion to dismiss is DENIED. (Doc. No. 8 .) 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 writ of habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Magistrate Judge Carolyn K. Delaney for further proceedings. (Text Only Entry) (Deputy Clerk JRW) (Entered: 02/20/2026)

Feb 20, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Dismiss

#10

Mar 24, 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: 03/24/2026)

#11

Aug 12, 2026

FINDINGS and RECOMMENDATIONS (Text Only): Petitioner is proceeding with a 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging arrest and detention by ICE. The district court has ordered, by way of preliminary injunctive relief, Petitioner's release and that detention not occur absent certain protections. Prior to arrest, Petitioner was released into the United States by ICE premised upon either an explicit or implicit finding that Petitioner was not dangerous or a flight risk. While on release, Petitioner did not commit any crimes, materially complied with conditions of release and is not subject to a final order of removal. Considering all of these factors, and consistent with the court's rulings in Martinez v. Chestnut, 1:25-cv-1826 TLN CKD P, ECF No. 14; Rebolledo v. Chestnut, 1:25-cv-1904 CKD P, ECF No. 15; Esteban-Escalante v. Warden, Mesa Verde ICE Processing Center, 1:26-cv-0096 DC CKD P, ECF No. 10 and H.S. v. Warden, Golden State Annex Detention Facility, 1:25-cv-1924 CKD P, ECF No. 21, the court finds Petitioner's Fifth Amendment right to due process was violated, RECOMMENDS THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE GRANTED, THE PRELIMINARY INJUNCTIVE RELEIF PREVIOUSLY GRANTED BE MADE PERMANENT and THIS CASE BE CLOSED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 7 (seven) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within 7 (seven) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk LMK) (Entered: 08/12/2026)

Aug 12, 2026

Findings and Recommendations

#12

Aug 19, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Melissa K. Lott, GOVT for Respondents. (Lott, Melissa) Modified on 8/21/2026 (HAH). (Entered: 08/19/2026)

#13

Aug 19, 2026

OBJECTIONS to 11 FINDINGS and RECOMMENDATIONS by Respondents. (Lott, Melissa) Modified on 8/21/2026 (HAH). (Entered: 08/19/2026)

#14

Aug 20, 2026

RESPONSE by Abdullah Mamun to 13 Objections to Findings and Recommendations. (Salgado, Mario) (Entered: 08/20/2026)