Eastern District of California • 1:26-cv-02329
(HC) Drame v. Warden, California City Corrections Center
Active
Case Information
Filed: March 25, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
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 25, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Moustapha Modou Drame. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 03/25/2026)
Main Document:
Temporary Restraining Order
#3
Mar 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/26/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Mar 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 26, 2026: : This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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# 245-279-173) 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 April 2, 2026. Petitioner may file a reply by April 8, 2026. The parties shall indicate whether they request a hearing. Petitioner shall immediately serve this Order 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/26/2026)
#5
Mar 26, 2026
CERTIFICATE / PROOF of SERVICE by Modou Moustapha Drame. (Juarez, Nancy) (Entered: 03/26/2026)
Main Document:
Certificate / Proof of Service
#6
Mar 26, 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: 03/26/2026)
Main Document:
CONSENT/DECLINE
Mar 26, 2026
Minute Order AND Order on Motion for TRO
Parties
(HC) Drame
Party
Warden, California City Corrections Center
Party