Eastern District of California • 1:26-cv-02609

#1

Apr 07, 2026

PETITION for WRIT of HABEAS CORPUS against Respondents by Van Tinh Nguyen. (Filing fee $ 5, receipt number ACAEDC-13146336) (Attachments: # 1 Civil Cover Sheet #1, # 2 Civil Cover Sheet #2, # 3 Exhibit Verification)(Bautista, Cynthia) (Entered: 04/07/2026)

#2

Apr 07, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Van Tinh Nguyen. (Attachments: # 1 Proposed Order)(Bautista, Cynthia) (Entered: 04/07/2026)

#3

Apr 07, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Van Tinh Nguyen for attorney Jashan Multani to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13146485) (Attachments: # 1 Exhibit certificate of good standing) (Bautista, Cynthia) (Entered: 04/07/2026)

#4

Apr 07, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/11/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/07/2026)

#5

Apr 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: 04/07/2026)

#6

Apr 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: 04/07/2026)

#7

Apr 07, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/7/2026: (Text Only Entry).Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, no later than today, 4/7/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM tomorrow, 4/8/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk CGH) (Entered: 04/07/2026)

#8

Apr 07, 2026

CERTIFICATE / PROOF of SERVICE by Van Tinh Nguyen re 7 Minute Order,,,,,,,,. (Bautista, Cynthia) (Entered: 04/07/2026)

Apr 07, 2026

Minute Order

#9

Apr 08, 2026

ORDER signed by District Judge Dale A. Drozd on 04/07/26 GRANTING 3 Application for Pro Hac Vice. Added attorney Jashan Multani, PHV for Van Tinh Nguyen. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk AJB) (Entered: 04/08/2026)

#10

Apr 08, 2026

Answer to Petition for Writ of Habeas Corpus

#11

Apr 08, 2026

Dismiss

#12

Apr 09, 2026

REPLY by Van Tinh Nguyen re 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Multani, Jashan) (Entered: 04/09/2026)

#13

Apr 14, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/14/2026: On 4/7/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 .) On 4/8/2026, respondents filed an opposition (Doc. No. 10 ) to that motion. In that opposition, respondents concede that there are no material legal or factual differences that distinguish this case from the circumstances addressed in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025). Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the previous order in Ayala Cajina, 2025 WL 3251083, where the court concluded that due process required a pre-detention hearing to protect the petitioner's liberty interest in her continued release. Here, petitioner entered the United States on 6/18/2024, encountered and was detained by immigration authorities, and was subsequently released on 6/18/2024 on an "Order of Release on Recognizance." (Doc. No. 1 at 24-25.) On 12/12/2025, petitioner was re-detained by immigration authorities when he attended a scheduled ICE check-in appointment as directed. (Id. at 29-30.) Respondents argue that petitioner is an "applicant for admission" subject to mandatory detention (Doc. No. 10 at 2-3), which is an argument that the undersigned has rejected on several prior occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (E.D. Cal. Feb. 12, 2026). Respondents also state that petitioner has violated the conditions of his release, but do not make any argument regarding those purported violations or why those violations would compel a different result than that reached by the court in Ayala Cajina. (Doc. No. 10 at 2.) Respondents state in their opposition that they do oppose converting the pending motion into a motion for preliminary injunction. (Id. at 1-2.) Accordingly, pursuant to the reasoning set forth in Ayala Cajina, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED to a motion for preliminary injunction and GRANTED. The court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner Van Tinh Nguyen, A-File No. 226-099-184, from respondents' custody on the same conditions, if any, that governed his release immediately prior to petitioner's detention on 12/12/2025; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondents will bear the burden to demonstrate that petitioner is a flight risk or a danger to the community by clear and convincing evidence. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The Clerk is directed to serve the California City Detention Facility with a copy of this Order. This action is referred to the assigned magistrate judge for further proceedings. (cc: ICE-California City) (Deputy Clerk PAB) (Entered: 04/14/2026)

Apr 14, 2026

Minute Order AND Order on Motion for TRO

Apr 15, 2026

Minute Order