Central District of California • 5:26-cv-01567

Dzhakhar Aslambekov v. Ernesto Santacruz, Jr.

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Case Information

Filed: March 31, 2026
Assigned to: Andre Birotte Jr.
Referred to: Rozella A. Oliver
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: April 28, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 31, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-41880029 for $5 filing fee, filed by Petitioner Dzhakhar Aslambekov. (Attorney Magomed Esendirov added to party Dzhakhar Aslambekov(pty:pet))(Esendirov, Magomed) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus (Attorney Civil Case Opening)
#2
Mar 31, 2026
CIVIL COVER SHEET filed by Petitioner Dzhakhar Aslambekov. (Esendirov, Magomed) (Entered: 03/31/2026)
Main Document: Civil Cover Sheet (CV-71)
#3
Mar 31, 2026
EX PARTE APPLICATION for Temporary Restraining Order as to Immediate release from ICE custody filed by Petitioner Dzhakhar Aslambekov. (Attachments: # 1 Declaration, # 2 Memorandum, # 3 Proposed TRO, # 4 Proposed Order to show cause why...) (Esendirov, Magomed) (Entered: 03/31/2026)
Main Document: Temporary Restraining Order
#4
Apr 01, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dale S. Fischer and referred to Magistrate Judge Rozella A. Oliver, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (et) (Entered: 04/01/2026)
Main Document: Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#5
Apr 01, 2026
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dale S. Fischer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Dale S. Fischer to Judge Andre Birotte Jr for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:26-cv-01567-AB-RAO. (aco) (Entered: 04/01/2026)
Main Document: Returning Case for Reassignment w/i division (CV-89)
#6
Apr 03, 2026
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: On Tuesday, March 31 2026, Petitioner Dzhakhar Aslambekov (Petitioner) filed a Petition for a Writ of Habeas Corpus (Petition, Dkt. No. 1 ) challenging his ongoing civil immigration detention at Desert View Facility in Adelanto, California. Pet. 1. That same day, Petitioner also filed an Ex Parte Application for Temporary Restraining Order (TRO Application, Dkt. No. 3 ) seeking his release, among other relief. Counsels declaration states that he gave Respondents counsel notice of the Petition and the TRO Application. Pursuant to Appendix C to the Local Civil Rules, Agreement on Acceptance of Service, at case opening, the Petition and Application were sent to the Notice Only email account designated by the U.S. Attorneys Office. This case was reassigned to this Court on April 1, 2026. This Courts standing orders provide that responses to ex parte and TRO applications must be filed within 48 hours after service. However, the Court ORDERS that Respondents must respond to the TRO Application by Monday, April 6, 2026, at 4:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (evc) TEXT ONLY ENTRY (Entered: 04/03/2026)
Apr 03, 2026
Text Only Scheduling Notice
#7
Apr 06, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Najah J Shariff counsel for Respondents Pamela Bondi, Todd M. Lyons, Markwayne Mullin, Ernesto Jr Santacruz, Warden of the Desert View Detention Facility in Adelanto, California. Adding Najah J. Shariff as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Pamela Bondi, Todd M. Lyons, Markwayne Mullin, Ernesto Santacruz Jr., Warden of the Desert View Detention Facility. (Attorney Najah J Shariff added to party Pamela Bondi(pty:res), Attorney Najah J Shariff added to party Todd M. Lyons(pty:res), Attorney Najah J Shariff added to party Markwayne Mullin(pty:res), Attorney Najah J Shariff added to party Ernesto Jr Santacruz(pty:res), Attorney Najah J Shariff added to party Warden of the Desert View Detention Facility in Adelanto, California(pty:res))(Shariff, Najah) (Entered: 04/06/2026)
Main Document: Notice of Appearance or Withdrawal of Counsel (G-123)
#8
Apr 06, 2026
RESPONSE filed by Respondents Pamela Bondi, Todd M. Lyons, Markwayne Mullin, Ernesto Jr Santacruz, Warden of the Desert View Detention Facility in Adelanto, Californiato EX PARTE APPLICATION for Temporary Restraining Order as to Immediate release from ICE custody 3, Text Only Scheduling Notice,,,, 6 - RESPONDENTS RESPONSE TO PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (Shariff, Najah) (Entered: 04/06/2026)
Main Document: Response
#9
Apr 06, 2026
REPLY EX PARTE APPLICATION for Temporary Restraining Order as to Immediate release from ICE custody 3 filed by Petitioner Dzhakhar Aslambekov. (Esendirov, Magomed) (Entered: 04/06/2026)
Main Document: Reply (Motion related)
#10
Apr 07, 2026
MINUTES (IN CHAMBERS) ORDER GRANTING PETITIONER'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Andre Birotte Jr.: The Court GRANTS Petitioner's Emergency Application for Temporary Restraining Order ("TRO Application") 3 and ORDERS: (1) Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Dzhakhar Aslambekov from custody, subject only to the conditions of his pre-existing parole. The parties are ORDERED to file a Joint Statement regarding Respondents' compliance with this Order by Friday, 4/18/2026, at 12:00 PM. (2) Respondents are ENJOINED from re-detaining Petitioner without notice of the reasons for revocation of his parole and a pre-deprivation hearing before a neutral immigration judge to determine whether detention is warranted. At any such hearing, Respondents must bear the burden of establishing that Petitioner poses a risk of flight or danger to the community. (3) Respondents are ORDERED TO SHOW CAUSE in writing why the Court should not issue a preliminary injunction. Respondents must file their response by Tuesday 4/14/2026, at 12:00 PM. Petitioner must file any reply by Friday 4/17/2026, at 5:00 PM. The Court SETS a hearing on the Order to Show Cause regarding preliminary injunction for Wednesday 4/22/2026, at 10:00 AM, via Zoom. (4) This Order will remain in effect for 14 days from entry, after which it will expire absent further order of the Court. Court Reporter: N/A. (gk) (Entered: 04/08/2026)
Main Document: Temporary Restraining Order
#11
Apr 09, 2026
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court CORRECTS its TRO (Dkt. No. 10 ) to ORDER as follows: The parties are ORDERED to file a Joint Statement regarding Respondents compliance with the TRO by Friday April 10, 2026, at 12:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (evc) TEXT ONLY ENTRY (Entered: 04/09/2026)
Apr 09, 2026
Text Only Scheduling Notice
#12
Apr 10, 2026
STATUS REPORT - JOINT STATUS REPORT (RE: related document(s) 10 Order 11 Order) filed by Respondents Pamela Bondi, Todd M. Lyons, Markwayne Mullin, Ernesto Jr Santacruz, Warden of the Desert View Detention Facility in Adelanto, California. (Shariff, Najah) (Entered: 04/10/2026)
Main Document: Status Report
#13
Apr 14, 2026
RESPONSE filed by Respondents Pamela Bondi, Todd M. Lyons, Markwayne Mullin, Ernesto Jr Santacruz, Warden of the Desert View Detention Facility in Adelanto, Californiato EX PARTE APPLICATION for Temporary Restraining Order as to Immediate release from ICE custody 3, Order on Motion for Temporary Restraining Order,,,,, 10 - FEDERAL RESPONDENTS RESPONSE TO ORDER TO SHOW CAUSE (Shariff, Najah) (Entered: 04/14/2026)
Main Document: Response
#14
Apr 17, 2026
REPLY filed by Petitioner Dzhakhar Aslambekov to Response, 13 (Esendirov, Magomed) (Entered: 04/17/2026)
Main Document: Reply
#15
Apr 20, 2026
MINUTES (IN CHAMBERS) ORDER GRANTING PETITIONER A PRELIMINARY INJUNCTION and VACATING OSC HEARING by Judge Andre Birotte Jr.: On 4/8/2026, the Court issued a Temporary Restraining Order ("TRO") 10 . For the reasons that the Court already e xplained in its TRO, which it will not repeat here, the Court finds that Petitioner has satisfied all of the Winter factors and that a preliminary injunction is warranted to protect his right to due process. The Court GRANTS Petitioner Dzhakhar Aslam bekov a Preliminary Injunction. For the duration of this habeas action, the Court ENJOINS Respondents from re-detaining Petitioner without notice of the reasons for revocation of his parole and a pre-deprivation hearing before a neutral immigration j udge to determine whether detention is warranted. At any such hearing, Respondents bear the burden of establishing that Petitioner poses a risk of flight or danger to the community. The OSC hearing set for 4/22/2026 is VACATED. Consistent with General Order 05-07, any further proceedings in this case are referred to Magistrate Judge Oliver. Court Reporter: N/A. (gk)
Main Document: Minutes of In Chambers Order/Directive - no proceeding held AND Preliminary Injunction AND ~Util - Terminate Deadlines and Hearings
#16
Apr 21, 2026
ORDER TO SHOW CAUSE by Magistrate Judge Rozella A. Oliver: Respondents are directed to file a written statement as to why the Court should not enter a permanent injunction consistent with the Court's Order Granting Petitioner a Preliminary Injunction 15 . Specifically, in light of the Court's determination that the Petition is not mooted by Petitioner's release from immigration custody, Respondents are ordered to address why the Court should not issue a permanent injunction enjoining them from re-detaining Petitioner without notice of the reasons for revocation of his parole and a pre-deprivation hearing before a neutral immigration judge to determine whether detention is warranted. Respondents are ordered to file their response to this OSC by April 28, 2026. (RAO) (Entered: 04/21/2026)
Apr 21, 2026
Order
#17
Apr 28, 2026
Response
Main Document: Response