Eastern District of California • 1:26-cv-01397

#1

Feb 17, 2026

PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Todd Lyons, Kristi Noem, Minga Wofford by Khushdeep Badhwar. (Filing fee $ 5, receipt number ACAEDC-12917639) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Declaration, # 5 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 02/17/2026)

#2

Feb 17, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Khushdeep Badhwar. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (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 Litigant Letter) (Deputy Clerk RMG) (Entered: 02/17/2026)

Feb 18, 2026

Minute Order

#7

Feb 19, 2026

Opposition to Motion

#8

Feb 25, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 02/25/2026: On 2/17/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ). On 2/19/2026, respondents filed an opposition (Doc. No. 7 ) to the motion. In that opposition, respondents argue only that petitioner is subject to mandatory detention by virtue of being present in the United States, an argument that the undersigned has rejected on several recent occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (E.D. Cal. Feb. 12, 2026) (rejecting the respondents' interpretation of § 1225). Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), in which the court concluded that a prior release of the petitioner created an implicit promise by the respondents that the petitioner's release would only be revoked on the basis that he failed to comply with his release conditions, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, petitioner arrived in the United States on 8/31/2024, was detained by immigration authorities, and subsequently released on an Order of Release on Recognizance. (Doc. No. 1 at 1.) On 10/7/2025, petitioner was nonetheless detained by immigration officers when he reported as directed to an ICE Field Office for a routine check-in (Id. at 4.) In their opposition, respondents state that they do not oppose converting the motion for temporary restraining order to a motion for preliminary injunction. (Doc. No. 7 at 2.) Accordingly, pursuant to the reasoning in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED to a motion for preliminary injunction and GRANTED. The court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions that governed his release immediately prior to his re-detention on 10/7/2025; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondents shall bear the burden of demonstrating that petitioner poses a risk of flight or a danger to the community. 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. This action is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk JRM) (Entered: 02/25/2026)

Feb 25, 2026

Minute Order AND Order on Motion for TRO