Eastern District of California • 1:26-cv-01736
(HC) Kibrom v. Andrews
Active
Case Information
Filed: March 03, 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:
March 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 03, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Afewerki Kiflu Kibrom. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk OML) (Entered: 03/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 03, 2026
MOTION for APPOINTMENT of COUNSEL by Afewerki Kiflu Kibrom. (Deputy Clerk OML) (Entered: 03/04/2026)
Main Document:
Appoint Counsel
#3
Mar 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Afewerki Kiflu Kibrom. (Deputy Clerk OML) (Entered: 03/04/2026)
Main Document:
Temporary Restraining Order
Mar 03, 2026
RECEIPT number 100007398 for $5.00 for Afewerki Kiflu Kibrom from Sara J. Cooksey. (Deputy Clerk OML)
#4
Mar 04, 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: 03/04/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#5
Mar 04, 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: 03/04/2026)
Main Document:
CONSENT/DECLINE
#6
Mar 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 4, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) 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 claim 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 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 March 11, 2026. Petitioner may file a reply by March 16, 2026. The parties shall indicate whether they waive a hearing. The Clerk of the Court 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: 03/04/2026)
Mar 04, 2026
SERVICE BY MAIL: 6 Minute Order served on Afewerki Kiflu Kibrom. (Deputy Clerk MDK)
Mar 04, 2026
Service by Mail
Mar 04, 2026
Minute Order AND Order on Motion for TRO
Mar 04, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Afewerki Kiflu Kibrom. (Deputy Clerk OML)
#8
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
#7
Mar 11, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
#9
Mar 11, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#10
Mar 11, 2026
Dismiss
Main Document:
Dismiss
Mar 12, 2026
Service by Mail
Mar 12, 2026
RE-SERVICE BY MAIL: 4 Prisoner New Case Documents, 6 Minute Order, served on Afewerki Kiflu Kibrom at 478 65th Street. (Deputy Clerk HAH)
Mar 17, 2026
MAIL RETURNED as Detainee not in custody: 4 Prisoner New Case Documents sent to Afewerki Kiflu Kibrom. (Deputy Clerk LMS)
#11
Mar 18, 2026
Opposition to Motion
Main Document:
Opposition to Motion
Mar 19, 2026
MAIL RETURNED as Undeliverable, not in custody: (#6) Minute Order sent to Afewerki Kiflu Kibrom. Notice of Change of Address due by 4/27/2026. (Deputy Clerk AJB)
Mar 26, 2026
RE-SERVICE BY MAIL: ECF No. 6, Minute Order re-served on Afewerki Kiflu Kibrom at 478 65th Street. (Deputy Clerk KLY)
Mar 26, 2026
Service by Mail
Parties
Andrews
Party
(HC) Kibrom
Party