Eastern District of California • 1:26-cv-01422
(HC) Ertugrul v. Lyons
Active
Case Information
Filed: February 18, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 19, 2026
Parties:
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Docket Entries
#1
Feb 18, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Mahmut Ertugrul. (Filing fee $ 5, receipt number ACAEDC-12920306) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Atakan, Saime) (Entered: 02/18/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 18, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 02/18/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#3
Feb 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pamela Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd Lyons,Anthony Andrews for Kristi Noem (Andrews, Anthony) (Entered: 02/18/2026)
Main Document:
DESIGNATION
#4
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
#5
Feb 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 18, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file his motion as soon as possible and no later than two court days from the date of this Minute Order. If Petitioner does not intend to file a TRO, he shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/18/2026)
#6
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
Feb 18, 2026
Minute Order
#7
Feb 19, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#8
Feb 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 19, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 7 .) 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 Fifth Amendment Due Process Clause and the Immigration and Nationality Act; (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. To return Petitioner to the status quo ante litem, Respondents are ORDERED TO IMMEDIATELY RELEASE FROM DETENTION FACILITY 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 February 26, 2026. Petitioner may file a reply by March 3, 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. IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/19/2026)
Feb 19, 2026
Minute Order AND Order on Motion for TRO
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