Eastern District of California • 1:26-cv-01934

#1

Mar 10, 2026

PETITION for WRIT of HABEAS CORPUS against Immigration and Customs Enforcement, et al. (Filing fee $ 5, receipt number ACAEDC-13016340) (Attachments: # 1 Civil Cover Sheet)(Emerick, Scott) (Entered: 03/10/2026)

#2

Mar 11, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 03/11/2026)

#3

Mar 11, 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: 03/11/2026)

#4

Mar 16, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 3/16/26 DIRECTING Respondents to file an answer/return within 14 days from the date of this order. If an answer/return is filed, Respondents shall include with the answer/return any and all transcr ipts or other documents relevant to the determination of the issues presented in the application. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of Respondent's answer/return. In order to ensure this court's jurisdiction to resolve the pending 1 2241 petition, Respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk JAW)

#9

Apr 22, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 04/21/2026 RECOMMENDING that Petitioner's 1 Petition for Writ of Habeas Corpus be granted as Petitioner's redetention violates due process, Petitioner Mohammad Ham ed Shams, A# 241-536-902, be released immediately from Respondents' custody upon the same conditions as his prior release, with his belongings, and that Respondents shall not impose any additional restriction on him, such as electronic monitorin g, unless that is determined to be necessary at a future pre-deprivation/custody hearing. It is further RECOMMENDED that Respondents be enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protect ions, including 7 day notice and a hearing before a neutral fact-finder where Respondents show: (a) there are material changed circumstances which demonstrate that there is significant likelihood of Petitioner's removal in the reasonably foresee able future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk and at any such hearing, Petitioner shall be allowed to have counsel present. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)

#11

Apr 29, 2026

Objections to Findings and Recommendations

#13

May 29, 2026

ORDER signed by District Judge Dale A. Drozd on 5/29/2026 ADOPTING 9 Findings and Recommendations in full and GRANTING 1 Petition for Writ of Habeas Corpus as follows: Respondents are ORDERED to immediately release Petitioner Mohammad Hamed Sha ms 241-539-902, from Respondents' custody on the same conditions, if any, he was subject to prior to his re-detention and to return petitioner's property. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner unless they provide petitioner with notice and a pre-detention hearing before an immigration judge. CASE CLOSED. (cc ICE Mesa Verde) (Deputy Clerk OML)

#14

May 29, 2026

Judgment