Eastern District of California • 1:26-cv-01507

#1

Feb 22, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Emmanuel Stephane Rukirande Mukiza. (Filing fee $ 5, receipt number ACAEDC-12939889) (Attachments: # 1 Exhibit)(Bushra, Hani) (Entered: 02/22/2026)

#2

Feb 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Emmanuel Stephane Rukirande Mukiza. (Attachments: # 1 Exhibit)(Bushra, Hani) (Entered: 02/22/2026)

#3

Feb 22, 2026

CIVIL COVER SHEET filed by Emmanuel Stephane Rukirande Mukiza. (Bushra, Hani) (Entered: 02/22/2026)

#4

Feb 22, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Emmanuel Stephane Rukirande Mukiza for attorney Amy Hsu to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12940289) (Attachments: # 1 Exhibit) (Bushra, Hani) (Entered: 02/22/2026)

#5

Feb 23, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 02/23/2026)

#6

Feb 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Haddy Abouzeid, GOVT for Tonya Andrews,Haddy Abouzeid, GOVT for Pamela Bondi,Haddy Abouzeid, GOVT for Garry Gredefeld,Haddy Abouzeid, GOVT for Kristi Noem (Abouzeid, Haddy) (Entered: 02/23/2026)

#7

Feb 23, 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: 02/23/2026)

#8

Feb 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 24, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by February 26, 2026. Respondents shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction. Respondents shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). TODAY, Petitioner's counsel shall serve a copy of this minute order and all documents filed in this case to date on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/24/2026)

#9

Feb 24, 2026

PRO HAC VICE ORDER signed by Chief District Judge Troy L. Nunley on 2/23/26 GRANTING 4 Application for Pro Hac Vice. Added attorney Amy Hsu, PHV for Emmanuel Stephane Rukirande Mukiza. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk JAW) (Entered: 02/24/2026)

Feb 24, 2026

Minute Order

#10

Mar 03, 2026

ORDER signed by Chief District Judge Troy L. Nunley on March 3, 2026 GRANTING Petitioner's Motion for Temporary Restraining Order (ECF No. 2 .) Respondents must IMMEDIATELY RELEASE Petitioner Emmanuel R.M. from custody under the same conditions he was released prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents must file a notice certifying compliance with this provision of the Court's Order by March 4, 2026. 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/custody hearing before a neutral decisionmaker, where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are ORDERED TO SHOW CAUSE why this Court should not grant the Petition for Writ of Habeas Corpus (and any filed supplement or amendment) and enter judgment in favor of Petitioner. Respondents shall file responsive papers by March 10, 2026. Petitioner may file a reply, if any, by March 13 2026. The parties shall indicate in their briefing whether they request a hearing. The Court will consider any stipulation and proposed order filed by the parties if they agree to a less demanding briefing schedule. Respondents are hereby notified of their right to apply to the Court for modification or dissolution of the Temporary Restraining Order on two days' notice to Petitioner. The bond requirement of Federal Rule of Civil Procedure 65(c) is waived. (Deputy Clerk MDK) (Entered: 03/03/2026)

#11

Mar 04, 2026

NOTICE of COMPLIANCE by All Respondents. (Abouzeid, Haddy) Modified on 3/9/2026 (KS). (Entered: 03/04/2026)

#12

Mar 10, 2026

MOTION to DISMISS by All Respondents. Attorney Pearson, Ross added. (Pearson, Ross) Modified on 3/13/2026 (KS). (Entered: 03/10/2026)

#13

Mar 13, 2026

OPPOSITION by Emmanuel Stephane Rukirande Mukiza to 12 Motion to Dismiss. (Hsu, Amy) (Entered: 03/13/2026)

#14

Jun 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Robert Anthony Fuentes added for All Respondents. Attorney Haddy Abouzeid, GOVT terminated. (Abouzeid, Haddy) Modified on 6/3/2026 (KS). (Entered: 06/01/2026)

#15

Aug 06, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 10 . The court ordered respondents to show cause why the petition for writ of habeas corpus, ECF No. 1, should not be granted and judgment entered in favor of petitioner. ECF No. 10 . Respondents move to dismiss the petition, arguing that it is moot. ECF No. 12 . Petitioner opposes that motion. ECF No. 13 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). The matter is not moot as a preliminary injunction is temporary and dissolves when a final judgment is entered. See Univ. of Texas v. Camenisch, 451 U.S. 390, 395 (1981); U.S. Philips Corp. v. KBC Bank N.V., 590 F.3d 1091, 1093 (9th Cir. 2010). Petitioner's release from detention does not moot the case because, without a permanent injunction, petitioner still faces "the threat of re-arrest and mandatory detention." See Nielsen v. Preap, 586 U.S. 392, 403 (2019) (plurality opinion). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated. Accordingly, I hereby RECOMMEND the following: (1) the motion to dismiss, ECF No. 12, be DENIED; (2) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (3) the preliminary injunctive relief previously granted, ECF No. 10, be made permanent; and (4) the Clerk of Court be ordered to enter judgment accordingly and close this case. 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 fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of 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. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/06/2026)

Aug 06, 2026

Findings and Recommendations

#16

Sep 09, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 09/08/26 ADOPTING 15 Findings and Recommendations IN FULL. 12 Motion to Dismiss is DENIED. 1 Petition for Writ of Habeas Corpus is GRANTED. 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 custody hearing before a neutral decisionmaker, where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to enter judgment for Petitioner. CASE CLOSED. (Deputy Clerk KML) (Entered: 09/09/2026)

#17

Sep 09, 2026

JUDGMENT dated *09/09/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 09/08/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 09/09/2026)