Eastern District of California • 1:26-cv-01670

(HC) Arifulin v. Warden

Active

Case Information

Filed: March 02, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 20, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Rustam Arifulin. (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
EX PARTE MOTION for TEMPORARY RESTRAINING ORDER by Rustam Arifulin. (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document: Temporary Restraining Order
#3
Mar 02, 2026
MOTION for APPOINTMENT of COUNSEL by Rustam Arifulin. (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document: Appoint Counsel
#4
Mar 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 03/02/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Mar 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 2, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for TRO by March 4, 2026. Respondents' response shall include Petitioner's Form I-213, Form I-220A, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the TRO. Respondents' failure to timely respond shall be construed as a non-opposition to the Court granting a TRO. See L.R. 230(c). 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."). The Clerk of the Court shall serve a copy of this minute order on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/02/2026)
#6
Mar 02, 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: 03/02/2026)
Main Document: CONSENT/DECLINE
#7
Mar 02, 2026
PROOF of SERVICE by Rustam Arifulin re 3 Motion for Appointment of Counsel, 2 Motion for TRO, 1 Petition for Writ of Habeas Corpus. (Deputy Clerk OML) (Entered: 03/03/2026)
Main Document: PROOF
Mar 02, 2026
Minute Order
Mar 02, 2026
RECEIPT number 100007375 for $5.00 for Rustam Arifulin from Tatiana Sushkova. (Deputy Clerk OML)
Mar 02, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Rustam Arifulin. (Deputy Clerk OML)
Mar 02, 2026
Service by Mail
Mar 02, 2026
SERVICE BY MAIL: 5 Minute Order served on Rustam Arifulin. (Deputy Clerk MDK)
#8
Mar 04, 2026
RESPONSE to 5 Minute Order, OPPOSITION to Injunctive Relief, and ANSWER to 1 Petition for Writ of Habeas Corpus by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Yu, Jonathan) Modified on 3/9/2026 (HAH). (Entered: 03/04/2026)
Main Document: RESPONSE
#9
Mar 09, 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. (Deputy Clerk JAW) (Entered: 03/11/2026)
Main Document: CONSENT/DECLINE
#10
Mar 09, 2026
DECLARATION of Alexandra Arifulin in support of 2 Motion for Temporary Restraining Order by Rustam Arifulin. (Deputy Clerk JAW) Modified on 3/12/2026 (HAH). (Entered: 03/11/2026)
Main Document: DECLARATION
#11
Mar 11, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#13
Mar 23, 2026
REPLY by Rustam Arifulin to 8 Response. (Deputy Clerk JAW) (Entered: 03/25/2026)
Main Document: REPLY
#12
Mar 25, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 25, 2026: Before the Court is Petitioner's motion to appoint counsel (ECF No. 3 ). In light of the complexity of the legal issues involved, the Court has determined that the interests of justice require the appointment of counsel for Petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Therefore, Petitioner's motion for appointment of counsel (ECF No. 3 ) is GRANTED. Within seven (7) court days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, via email at mkrueger@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). (TEXT ONLY ENTRY) (cc: FD, Habeas Appointment) (Deputy Clerk MDK) (Entered: 03/25/2026)
Mar 25, 2026
SERVICE BY MAIL: 12 Minute Order served on Rustam Arifulin. (Deputy Clerk MDK)
Mar 25, 2026
Minute Order AND Order on Motion to Appoint Counsel
Mar 25, 2026
Service by Mail
#14
Apr 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/1/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 12 . Attorney Noa Oren is hereby appointed as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Noa Oren, Assistant Federal Defender, 801 I Street, 3rd Fl., Sacramento, CA 95814, (916) 498-5700, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 04/01/2026)
Apr 01, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Apr 01, 2026
Service by Mail
Apr 01, 2026
SERVICE BY MAIL: 14 Minute Order served on Rustam Arifulin. (Deputy Clerk MDK)
#15
Apr 09, 2026
SUPPLEMENT by Rustam Arifulin re 1 Petition for Writ of Habeas Corpus. (Oren, Noa) (Entered: 04/09/2026)
Main Document: SUPPLEMENT
#16
Apr 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 9, 2026: : This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents filed an opposition arguing that Petitioner has been detained under 8 U.S.C. § 1226(c). (ECF No. 8 .) Petitioner replied (ECF No. 13 ) and submitted some evidence that he has not been charged with a Laken Riley Act offense (Id. at 8 ). Petitioner's newly appointed counsel also filed a supplement. (ECF No. 15 .) The Court has reviewed the parties' briefs 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; (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 ruled on the issues presented in the instant case. See, e.g., Tutka v. Noem, No. 1:26-CV-00706-TLN-EFB, 2026 WL 743354, at *3 (E.D. Cal. Mar. 17, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. Respondents must provide Petitioner (A# 249-260-698) a bond hearing within five (5) days of this Order where Respondents bear the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider alternative conditions of release and Petitioner's financial circumstances for bond. Hernandez v. Sessions, 872 F.3d 976, 991 (9th Cir. 2017). At the hearing, Petitioner shall be allowed to have counsel present. If Respondents do not timely provide a bond hearing or Petitioner is not found to be a danger to the community or flight risk, Respondents must immediately release Petitioner under the same terms of his 2024 release. Respondents may impose any additional restrictions or conditions determined to be necessary by the neutral decisionmaker at timely held bond hearing. By April 16, 2026, Respondents shall file a notice of compliance identifying the date and outcome of the bond hearing and Petitioner's custody status. The bond requirement of Fed. R. Civ. P. 65(c) is waived. This matter is REFERRED to the assigned U.S. Magistrate Judge for all further proceedings. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/09/2026)
Apr 09, 2026
Minute Order AND Order on Motion for TRO
#17
Apr 15, 2026
NOTICE of COMPLIANCE (Status Report) with 16 Minute Order by All Respondents. (Attachments: # 1 Exhibit 1) (Yu, Jonathan) Modified on 4/22/2026 (KS). (Entered: 04/15/2026)
Main Document: NOTICE
#18
Apr 16, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#19
Apr 20, 2026
Opposition to Motion
Main Document: Opposition to Motion