Eastern District of California • 1:26-cv-02591

#1

Apr 06, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Zurab Tsutsiev. (Deputy Clerk OML) (Entered: 04/08/2026)

#2

Apr 06, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Zurab Tsutsiev. (Deputy Clerk OML) (Entered: 04/08/2026)

#3

Apr 06, 2026

MOTION for APPOINTMENT of COUNSEL by Zurab Tsutsiev. (Deputy Clerk OML) (Entered: 04/08/2026)

#4

Apr 08, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/11/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/08/2026)

#5

Apr 08, 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: 04/08/2026)

#6

Apr 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 8, 2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents shall file any opposition to the petition by April 10, 2026. Any opposition shall indicate whether Respondents request a hearing on the petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. 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 such temporary injunctions as may be necessary to protect its own jurisdiction."). The Clerk of Court shall serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/08/2026)

#7

Apr 08, 2026

OPPOSITION by Respondents Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Departure Record, # 2 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 04/08/2026)

Apr 08, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Zurab Tsutsiev. (Deputy Clerk OML)

Apr 08, 2026

SERVICE BY MAIL: 6 Minute Order served on Zurab Tsutsiev. (Deputy Clerk MDK)

Apr 08, 2026

Service by Mail

Apr 08, 2026

Minute Order

Apr 10, 2026

Service by Mail

Apr 10, 2026

Minute Order

#10

Apr 15, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 15, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents filed an opposition in which Respondents argue the Court should dismiss the petition for lack of jurisdiction because Petitioner filed the petition after he left Respondents' custody. (ECF No. 7 .) Respondents submitted a declaration attesting Petitioner was transferred from the California City Detention Facility on April 3, 2026. (ECF No. 9 .) The Court notes Petitioner's filing is signed and dated March 31, 2026, four days prior to his transfer from California City Detention Facility. By April 22, 2026, Respondents shall file supplemental briefing addressing this Court's jurisdiction in light of the mailbox rule. See Houston v. Lack, 487 U.S. 266 (1988) (a pro se federal habeas petition is deemed filed when petitioner hands it over to detention authorities for mailing to the district court.). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/15/2026)

Apr 15, 2026

SERVICE BY MAIL: 10 Minute Order served on Zurab Tsutsiev. (Deputy Clerk MDK)

Apr 15, 2026

Minute Order

Apr 15, 2026

Service by Mail

#11

Apr 21, 2026

RESPONSE to 10 Minute Order by All Respondents. (Attachments: # 1 Proof of Service) (Williams, Jonathan) Modified on 4/24/2026 (KS). (Entered: 04/21/2026)

Apr 27, 2026

MAIL RETURNED as RTS: 10 Minute Order, sent to Zurab Tsutsiev. (Deputy Clerk LMS)

#12

Aug 06, 2026

ORDER; FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: On 4/6/2026, petitioner filed a petition for writ of habeas corpus, a motion to proceed in forma pauperis, and a motion for appointment of counsel. ECF Nos. 1, 2 & 3 . On 4/8/2026, respondents notified the court that petitioner was removed from the United States on or about 4/2/2026 and argued that the petition is moot. ECF No. 7 . ICE's Online Detainee Locator System has no record for a detainee with petitioner's A-Number and country of birth. Mail sent to petitioner has been returned to the court as undeliverable. Mootness is a jurisdictional issue that the court is obliged to raise sua sponte. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1129 (9th Cir. 2005). As petitioner has been removed from the United States, the petition is moot. See, e.g., Diestra Eleorreiaga v. Warden of Golden State Annex, No. 1:26-cv-0680-TLN-JDP, 2026 WL 622844, at *2 (E.D. Cal. Mar. 5, 2026), report and recommendation adopted sub nom. Harold D.E. v. Andrews, 2026 WL 896161 (E.D. Cal. Apr. 1, 2026) (moot when petitioner removed to Peru); Sandhu, v. Wofford, et al., No. 1:25-cv-0972-KES-EPG (HC), 2025 WL 3523036 (E.D. Cal. Dec. 9, 2025), report and recommendation adopted, 2026 WL 714629 (E.D. Cal. Mar. 13, 2026) (moot when petitioner removed to India); Vay, v. Chestnut, et al., No. 1:25-cv-1810-SKO (HC), 2026 WL 675130, at *1 (E.D. Cal. Mar. 10, 2026) (moot when petitioner removed to Vietnam). Accordingly, it is hereby ORDERED that petitioner's motion to proceed in forma pauperis, ECF No. 2, and motion for appointment of counsel, ECF No. 3, are DENIED as moot. Further, it is RECOMMENDED that: (1) this action be DISMISSED without prejudice; and (2) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/06/2026)

Aug 06, 2026

Service by Mail

Aug 06, 2026

SERVICE BY MAIL: 12 Order; Findings and Recommendations served on Petitioner. (Deputy Clerk NAC)

Aug 06, 2026

Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis

Aug 24, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 12 Order sent to Zurab Tsutsiev. Notice of Change of Address due by 10/1/2026. (Deputy Clerk MCF)

#13

Sep 21, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 09/18/26 ADOPTING 12 Findings and Recommendations in full and DISMISSING this matter without prejudice as moot. CASE CLOSED. (Deputy Clerk VLC)

#14

Sep 21, 2026

Judgment

Sep 21, 2026

Service by Mail