Eastern District of California • 1:26-cv-01549

#1

Feb 23, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pam Bondi, Todd M. Lyons, Kristi Noem by Xe Ngoc Dao. (Filing fee $ 5, receipt number ACAEDC-12947148) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration Verification of Exhibits, # 3 Exhibit, # 4 Proposed Order)(Yi, Su Yon) (Entered: 02/23/2026)

#2

Feb 23, 2026

Temporary Restraining Order

#3

Feb 24, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 02/24/2026)

#4

Feb 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: 02/24/2026)

#5

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. Petitioner may file a reply by February 27, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for TRO into a motion for preliminary injunction. The parties 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, along with Petitioner's A# and all documents filed in this case to date, on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/24/2026)

Feb 24, 2026

Minute Order

#6

Feb 25, 2026

Notice of Appearance

#7

Feb 27, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 27, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents did not file an opposition, thus, the Court understands that Respondents are not opposed to a TRO. L.R. 230(c). 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 and 8 C.F.R. § 241.13; (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., Nguyen v. Charles, No. 1:25-CV-01592-TLN-CSK, 2025 WL 3492117, at *3 (E.D. Cal. Dec. 4, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE 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 unless they obtain a travel document for his removal to Vietnam and until they follow all procedures set forth in 8 C.F.R. §§ 241.4(l), 241.13(i), and any other applicable statutory and regulatory procedures. Respondents are further ORDERED TO SHOW CAUSE why the Court should grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by March 6, 2026. Failure to timely respond will be construed as non-opposition. L.R. 230(c). Petitioner may file a reply by March 13, 2026. The parties shall indicate whether they request a hearing. 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/27/2026)

Feb 27, 2026

Minute Order AND Order on Motion for TRO