District of Hawaii • 1:26-cv-00183

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AHIDC-3292138.), filed by Jana Clarissa Timar. (Attachments: # 1 Main Document Emergency Motion for PI and TRO, # 2 Memorandum Memorandum of Law in Support of Petitioner's Emergency Motion, # 3 Exhibits 1-9, # 4 Civil Cover Sheet)(DiAmore-Siah, Carmen) Modified on 4/8/2026 (eta). (Entered: 04/07/2026)

#2

Apr 07, 2026

Petitioner's Emergency MOTION for Preliminary Injunction and Temporary Restraining Order -Carmen Theresa DiAmore-Siah, Norman K. M. Wong appearing for Petitioner Jana Clarissa Timar * For clerical purposes only, the TRO motion and it's exhibits (included with the habeas petition, see ECF No. 1 ), have been re-entered as a separate docket entry. Additionally, the exhibits have been separated and labeled, accordingly. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(eta) (Entered: 04/08/2026)

#3

Apr 08, 2026

NOTICE of Case Assignment; Please reflect Civil case number CV 26-00183 JAO-KJM on all further pleadings. (eta) (Entered: 04/08/2026)

#4

Apr 08, 2026

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 6/8/2026 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 4/8/2026. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 04/08/2026)

#5

Apr 08, 2026

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 04/08/2026)

#6

Apr 08, 2026

EO: On April 7, 2026, Petitioner filed a 1 Petition for Writ of Habeas Corpus and 2 Emergency Motion for Preliminary Injunction and Temporary Restraining Order ("TRO"). The Court was assigned the case on the morning of April 8, 2026, and understands that the Clerk's office emailed a copy of the Petition and TRO to the United States Attorney Office for the District of Hawaii, as that office has previously requested. In the TRO, Petitioner represents that U.S. Immigrations and Customs Enforcement ("ICE") attempted to place her on a flight to remove her to Germany on April 7, 2026, but Petitioner refused to board. See ECF No. 2-1 at 4. ICE apparently told Petitioner that they would try again today, April 8, 2026. See id. The Court has reviewed the Petition, the TRO, and the attached exhibits to both (which are the same), and ORDERS the government not to remove Petitioner from the United States or transfer Petitioner out of this district while the Court considers the TRO. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's express authority under the All Writs Act to issue temporary injunctions necessary for the protection of its own jurisdiction). Given the apparent exigency in this case, the Court FINDS that there is a compelling need to maintain the status quo pending disposition of the Petition and that the factors governing the issuance of such preliminary relief have been provisionally satisfied. In other words, the TRO "is provisionally granted pending Respondents' response to the motion for the purpose of maintaining the status quo while the Court reviews the merits of the motion." Alvarado v. Wamsley, 2025 WL 3282423, at *1 (W.D. Wash. Nov. 25, 2025); see also Kvantaliani v. Noem, 2026 WL 189876, at *1 (S.D.N.Y. Jan. 21, 2026) (citing other district courts issuing temporary relief to preserve jurisdiction).The Court SETS a telephonic status conference for 4/8/2026 at 2:30 p.m. The parties shall be prepared to discuss service of process and a response and briefing schedule. The courtroom manager will provide participants with instructions for connecting telephonically prior to the scheduled hearing. All participants must join the conference at least ten (10) minutes before the hearing's scheduled start time. (JUDGE JILL A. OTAKE)(cgc) (Entered: 04/08/2026)

#7

Apr 08, 2026

NOTICE of Appearance by Edric Ming-Kai Ching on behalf of Shikha Dosanj on behalf of Shikha Dosanj. (Ching, Edric) (Entered: 04/08/2026)

#8

Apr 08, 2026

EP: Status Conference was conducted telephonically. Discussion held regarding service of process and briefing schedule. The parties are directed to file a letter with the Court addressing the briefing schedule today if the amended petition is filed before 4:00 p.m. today. If the amended petition is filed after 4:00 p.m., the letter regarding the briefing schedule will be due tomorrow.Mr. Ching has also acknowledged the Court's order not to remove the petitioner from the United States while the Court considers the TRO. (Reporter-Gloria Bediamol) (JUDGE JILL A. OTAKE)(cgc) (Entered: 04/08/2026)

Apr 08, 2026

COURT'S CERTIFICATE of Service - a copy of 1 Petition for Writ of Habeas Corpus and 2 Motion for TRO were served by email to the U.S. Attorney's Office for the District of Hawaii at usahi.immigration-habeas-service@usdoj.gov and via CM/ECF (NEFs regenerated to usahi.immigration-habeas-service@usdoj.gov). (eta)

#9

Apr 09, 2026

MOTION to Amend/Correct Carmen Theresa DiAmore-Siah appearing for Petitioner Jana Clarissa Timar (Attachments: # 1 Amended Petition for Writ of Habeas Corpus, # 2 Amended Emergency Motion for PI and TRO, # 3 Amended Memorandum in Support, # 4 Amended Exhibit and Witness List, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Certificate of Service)(DiAmore-Siah, Carmen) (Entered: 04/09/2026)

#10

Apr 09, 2026

Order on Motion to Amend/Correct

#11

Apr 09, 2026

Letter Brief Re: Government's Responses to the Amended Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order. (Ching, Edric) (Entered: 04/09/2026)

#12

Apr 13, 2026

EO: The Court ACCEPTS the parties' agreed-upon briefing schedule and finds good cause to extend the deadline for the government to respond to the [9-1] Amended Petition for Writ of Habeas Corpus ("Petition") beyond the statutory deadline. See 28 U.S.C. § 2243. The Government's responses to the Petition and the 2 Motion for Temporary Restraining Order are due 4/20/2026. Petitioner's optional replies are due 4/27/2026. The Court will decide whether to set a hearing after reviewing the filings. (JUDGE JILL A. OTAKE)(cgc) (Entered: 04/13/2026)

#13

Apr 14, 2026

AMENDED Petition for Writ of Habeas Corpus Amendment to 1 Petition for Writ of Habeas Corpus - filed by Jana Clarissa Timar. . (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Certificate of Service)(DiAmore-Siah, Carmen) Modified docket text on 4/15/2026 (cib). Modified event type to motion on 4/29/2026 (cib). (Entered: 04/14/2026)

#14

Apr 14, 2026

Amended Emergency MOTION For Preliminary Injunction and Temporary Restraining Order Amendment to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jana Clarissa Timar. . (Attachments: # 1 Memorandum in Support of Petitioner's Emergency Motion, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Certificate of Service)(DiAmore-Siah, Carmen) Modified event type to motion for temporary restraining order on 4/15/2026 (cib). (Entered: 04/14/2026)

Apr 15, 2026

ADVISORY ENTRY-Incorrect Event- Please be advised that an incorrect filing event was selected for docket entry 14 AMENDED DOCUMENT. The docket text has been modified. For the filing party's future reference, a helpful tool in determing the correct filing event is the "SEARCH" option located on the CM/ECF tool bar. A text window will appear wherein the filer may type in the word that describes the filing. (cib)

#15

Apr 17, 2026

Letter Brief Re: Following up on Government's Response to the Amended Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order. (Ching, Edric) (Entered: 04/17/2026)

#16

Apr 20, 2026

RESPONSE by Respondents to Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 13] and Amended Emergency Motion for Preliminary Injunction and Temporary Restraining Order [ECF No 14]; Certificate of Service, filed by Todd M Lyons, Kathy Makaena, Shikha Dosanj. (Attachments: # 1 Declaration Benny Benitez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Ching, Edric) (Entered: 04/20/2026)

#17

Apr 27, 2026

REPLY to Response to Motion re 14 MOTION for Temporary Restraining Order filed by Jana Clarissa Timar. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2)(DiAmore-Siah, Carmen) (Entered: 04/27/2026)

#18

Apr 29, 2026

EO: On 4/27/2026, Petitioner's counsel filed a 17 Reply in support of the TRO Motion that appears to contain several instances of fictitious or improperly used legal authority. See, e.g., ECF No. 17 at 12, 14 (citing S.N.C. v. Sessions, 868 F.3d 1123, 1132-33 (9th Cir. 2017); Calderon v. Sessions, 800 F.3d 932, 944 (9th Cir. 2017); Calderon v. Sessions, 898 F.3d 158, 167 (4th Cir. 2018)). Per General Order 23-1 on the use of unverified sources, if any counsel and pro se party submits any filing generated by an unverified source, they are required to submit a declaration that (1) advises the court of such and (2) verifies that the filing party has confirmed that the material is not fictitious. See General Civil Case Procedures Before Judge Otake IV.A (Use of Artificial Intelligence (AI)). The Court therefore ORDERS Petitioner's counsel to submit a declaration to SHOW CAUSE why sanctions should not be imposed for using fictitious and improper legal authority by 5/4/2026. (JUDGE JILL A. OTAKE)(tl) (Entered: 04/29/2026)

#19

Apr 29, 2026

EO: 13 Amended Petition for Writ of Habeas Corpus; and 14 Amended Emergency MOTION For Preliminary Injunction and Temporary Restraining Order. Motions Hearing is set for 5/7/2026 at 9:30 AM in Aha Kanawai before JUDGE JILL A. OTAKE.The parties should be prepared to discuss the precise status of Petitioner's proceedings in Immigration Court and whether Petitioner has made any efforts to obtain review from the Ninth Circuit via a petition for review of the VWP Final Administrative Order of Removal, or via any other mechanism. The parties should also be prepared to discuss under what authority Petitioner was initially detained and whether any impropriety about her initial detention affects her current custody. (JUDGE JILL A. OTAKE)(tl) (Entered: 04/29/2026)

#20

Apr 30, 2026

Declaration re 18 EO Declaration of Petitioner's Counsel, Carmen Di Amore-Siah. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2)(DiAmore-Siah, Carmen) Modified on 5/1/2026 (cib). (Entered: 04/30/2026)

#21

Apr 30, 2026

EO: Having reviewed the 20 Declaration of Petitioner's Counsel, the Court will not impose sanctions and declines to take any further action regarding its 4/29/2026 18 Order to Show Cause, except to remind Petitioner's counsel to be more careful and check her work. (JUDGE JILL A. OTAKE)(cgc) (Entered: 04/30/2026)

#22

Apr 30, 2026

Errata Re: Respondents' Response to Petitioner's Amended Petition for Writ of Habeas Corpus; and Amended Emergency Motion for Preliminary Injunction and Temporary Restraining Order [ECF NO. 16]; Certificate of Service. (Ching, Edric) (Entered: 04/30/2026)

#23

Apr 30, 2026

EO: The Hearing on Petitioner's 13 Amended Petition for Writ of Habeas Corpus and 14 Amended Emergency MOTION For Preliminary Injunction and Temporary Restraining Order set for 5/7/2026 at 9:30 AM is ADVANCED to 5/6/2026 at 2:00 PM in Aha Kanawai before JUDGE JILL A. OTAKE. (JUDGE JILL A. OTAKE)(cgc) (Entered: 04/30/2026)

#24

May 05, 2026

EO: The Court DIRECTS Respondents to file documentary evidence regarding Petitioner's proceedings in Immigration Court by 5/6/2026 at 2:30 p.m. Specifically, Respondents should file a copy of the Immigration Court docket, the March 19, 2026 Order of the Immigration Judge, any filings related to the Motion to Reopen, and any other relevant documents. The parties should also be prepared to discuss 8 U.S.C. § 1229a(c)(7)(C)(iv) and 8 C.F.R. 208.2(c)(3)(iii) at the 5/6/2026 hearing. (JUDGE JILL A. OTAKE)(cgc) (Entered: 05/05/2026)

#25

May 05, 2026

RESPONSE Re: Respondents' Submission of Documentary Evidence in Response to the Court Order dated May 5, 2026; Certificate of Service filed by Lyons M Todd, Kathy Makaena, Shikha Dosanj. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J)(Ching, Edric) (Entered: 05/05/2026)