Eastern District of California • 1:26-cv-01397
(HC) Badhwar v. Wofford
Active
Case Information
Filed: February 17, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 09, 2026
Parties:
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Docket Entries
#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)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Khushdeep Badhwar. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 02/17/2026)
Main Document:
Temporary Restraining Order
#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)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Haddy Abouzeid, GOVT for Respondents. (Abouzeid, Haddy) Modified on 2/19/2026 (HAH). (Entered: 02/18/2026)
Main Document:
DESIGNATION
#5
Feb 18, 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: 02/18/2026)
Main Document:
CONSENT/DECLINE
#6
Feb 18, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/18/2026: (Text Only Entry). 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 court's 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. 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 Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 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 CAL) (Entered: 02/18/2026)
Feb 18, 2026
Minute Order
#7
Feb 19, 2026
Opposition to Motion
Main Document:
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
#9
Mar 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Mar 23, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
#12
Apr 09, 2026
Findings and Recommendations AND Order Dismissing Case
#13
Apr 09, 2026
Judgment
Main Document:
Judgment
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