Eastern District of California • 1:26-cv-01842

#1

Mar 06, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Sahdev Singh. (Filing fee $ 5, receipt number ACAEDC-13001735) (Attachments: # 1 Exhibit filing receipt for I-589 asylum application, # 2 Exhibit Notice to Appear, # 3 Exhibit criminal records, # 4 Proposed Order)(Howard, Kyle) (Entered: 03/06/2026)

#2

Mar 06, 2026

CIVIL COVER SHEET filed by Sahdev Singh. (Howard, Kyle) (Entered: 03/06/2026)

#3

Mar 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Sahdev Singh. (Attachments: # 1 Memorandum Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Howard, Kyle) (Entered: 03/06/2026)

#4

Mar 06, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk SR) (Entered: 03/06/2026)

#5

Mar 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 6, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 3 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by March 11, 2026. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 16, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order 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: 03/06/2026)

Mar 06, 2026

Minute Order

#6

Mar 07, 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: 03/07/2026)

#7

Mar 10, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Camilo Rodriguez, GOVT added for All Respondents. Attorney Christopher William Dextre, GOVT terminated. (Rodriguez, Camilo) Modified on 3/16/2026 (KS). (Entered: 03/10/2026)

#8

Mar 11, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Declaration) (Rodriguez, Camilo) Modified on 3/17/2026 (KS). (Entered: 03/11/2026)

#9

Apr 14, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 14, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) Respondents filed an opposition. (ECF No. 8 .) Petitioner did not reply. Petitioner alleges, inter alia, Respondents have violated the Fifth Amendment Due Process Clause by detaining him for nearly a year without a bond or custody hearing. (ECF No. 1.) Respondents argue Petitioner is subject to mandatory detention without a bond hearing under 8 U.S.C. §§ 1225(b)(1) and 1226(c). 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) sufficient to warrant a bond hearing. 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. Petitioner is not subject to detention under § 1225(b)(1) because he was released from immigration detention in 2022 and he is charged in standard removal proceedings (rather than expedited removal proceedings). See ECF No. 8-1; Amar K. v. Warden, Mesa Verde Det. Ctr., No. 1:26-CV-01731-TLN-CKD, 2026 WL 760531, at *3 (E.D. Cal. Mar. 18, 2026). Additionally, even accepting Respondents' contention that Petitioner is subject to detention under § 1226(c), detention for a year without any bond hearing or custody determination before a neutral decisionmaker is likely unconstitutional. See Jose G. M. L. v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00047-TLN-EFB, 2026 WL 472987, at *5 (E.D. Cal. Feb. 19, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. Respondents must provide Petitioner (A# 222-843-230) a bond hearing within seven (7) 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 Petitioner is not found to be a danger to the community or flight risk, Respondents must immediately release Petitioner under his 2022 terms of release. Respondents may also impose any additional restrictions or conditions on Petitioner's release that are determined to be necessary by the neutral decisionmaker at the hearing. By April 23, 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: 04/14/2026)

Apr 14, 2026

Minute Order AND Order on Motion for TRO

#10

Apr 20, 2026

06 - HC/Order Requiring Respondent to File a Response

#11

Apr 21, 2026

Notice (Other)