Eastern District of California • 1:26-cv-01922

(HC) Gebrekirstos v. Noem

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Case Information

Filed: March 10, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 10, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Orestes Cruz, Todd Lyons, Kristi Noem by Adonay Gebrekirstos. (Filing fee $ 5, receipt number ACAEDC-13015467) (Attachments: # 1 Exhibit 1, Form I-860, Notice and Order of Expedited Removal, # 2 Exhibit 2, Form I-862, Notice to Appear, # 3 Exhibit 3, Alternatives to Detention Documentation, # 4 Exhibit 4, Interim Notice Authorizing Parole., # 5 Civil Cover Sheet)(Herndon, Megan) (Entered: 03/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 10, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/10/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#3
Mar 10, 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: 03/10/2026)
Main Document: CONSENT/DECLINE
#4
Mar 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 11, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than two court days from the electronic date of this Minute Order. If Petitioner does not intend to file a TRO, he shall notify the Court immediately at mkrueger@caed.uscourts.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) Modified on 3/11/2026 (MDK). (Entered: 03/11/2026)
Mar 11, 2026
Minute Order
#5
Mar 12, 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: 03/12/2026)
Main Document: CONSENT/DECLINE
#6
Mar 12, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Adonay Gebrekirstos. (Attachments: # 1 Memorandum, # 2 Exhibit 1, Memorandum Opinion and Order in Matkarimov v. Noem, et al., No. 2:26-cv-48 (E.D. Ken. Mar. 12, 2026), # 3 Exhibit 2, Simon Y Sandoval Moshenberg Declaration, # 4 Proposed Order, # 5 TRO Checklist)(Herndon, Megan) (Entered: 03/12/2026)
Main Document: Temporary Restraining Order
#7
Mar 12, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 12, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 6 .) 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 Immigration and Nationality Act and 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 Petitioner (A# 249-392-725) 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 19, 2026. Failure to timely respond will be construed as a non-opposition. L.R. 230(c). Petitioner may file a reply by March 25, 2026. The parties shall indicate whether they request a hearing. Petitioner shall immediately serve this Order 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/12/2026)
Mar 12, 2026
Minute Order AND Order on Motion for TRO