Eastern District of California • 1:26-cv-02517
(HC) Ishchuck v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: April 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex Detention Facility by Nikita Ishchuck. (Deputy Clerk LMS) (Entered: 04/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Nikita Ishchuck. (Deputy Clerk LMS) (Entered: 04/07/2026)
Main Document:
In Forma Pauperis
#3
Apr 02, 2026
MOTION for APPOINTMENT of COUNSEL by Nikita Ishchuck. (Deputy Clerk LMS) (Entered: 04/07/2026)
Main Document:
Appoint Counsel
#4
Apr 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Nikita Ishchuck. (Deputy Clerk LMS) (Entered: 04/07/2026)
Main Document:
Temporary Restraining Order
#5
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 LMS) (Entered: 04/07/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#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)
Main Document:
CONSENT/DECLINE
#7
Apr 07, 2026
MINUTE ORDER signed by Chief District Judge Troy L. Nunley on 4/7/2026:The Court has reviewed Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 4 .) Respondent shall file a response to Petitioner's Motion for TRO by April 9, 2026. Any opposition shall include Petitioner's Form I-213 and copies of all referenced and relevant portions of Petitioner's A-File, and any and all available records related to Petitioner's allegations. Respondent shall indicate in their briefing whether they are amenable to converting the motion for TRO into a motion for preliminary injunction and/or request the Court rule directly on the merits of the habeas petition. Respondent shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondent shall not transfer Petitioner (A # 244-684-329) 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."). (Text Only Entry). (Deputy Clerk JRW) (Entered: 04/07/2026)
Apr 07, 2026
Service by Mail
Apr 07, 2026
SERVICE BY MAIL: 7 Minute Order served on Nikita Ishchuck. (Deputy Clerk JRW)
Apr 07, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Nikita Ishchuck. (Deputy Clerk LMS)
Apr 07, 2026
Minute Order
#8
Apr 09, 2026
RESPONSE by Warden of the Golden State Annex Detention Facility to 7 Minute Order,,,, 4 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Ex. 1 Form I 213 2024, # 2 Ex.2 RAP sheet, # 3 Ex. 3 Police Report, # 4 Ex. 4 Warrant of Arrest, # 5 Ex. 5 I-213 2026)(Ahmed, Ihsan) (Entered: 04/09/2026)
Main Document:
RESPONSE
#9
Apr 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 10, 2026: In light of the complexity of the legal issues involved in Petitioner's Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order, the Court has determined that the interests of justice require the appointment of counsel for Petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven (7) court days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, via email at mkrueger@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Based on the facts surrounding Petitioner's detention, the Court provisionally authorizes Petitioner to proceed in forma pauperis, subject to Petitioner filing an application to proceed in forma pauperis within thirty (30) days from the date of this order. See 28 U.S.C. § 1914. The Clerk of the Court is directed to serve Petitioner with an application to proceed in forma pauperis. (TEXT ONLY ENTRY) (cc: FD, Habeas Appointment and Sac Ops) (Deputy Clerk MDK) (Entered: 04/10/2026)
Apr 10, 2026
Minute Order
Apr 10, 2026
SERVICE BY MAIL: 9 Minute Order and IFP Application served on Nikita Ishchuck. (Deputy Clerk MDK)
Apr 10, 2026
Service by Mail
#10
Apr 14, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/14/2026: Pursuant to the Order dated 4/10/2026 (ECF No. 9 ), the appointing authority for the Eastern District of California has confirmed that Federal Public Defender, Southern District of Indiana and Italia Patti, Assistant Federal Public Defender, seek appointment and notified of Counsel's contact information. Attorney Italia Patti is hereby appointed as CJA counsel for petitioner as permitted in General Order 700, Section X1 (C). The Clerk of Court shall update the docket to reflect, Italia Patti, Indiana Federal Community Defenders, 111 Monument Cir., Suite 3200, Indianapolis, IN 46204-5173, 317-383-3520, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: FD Habeas Appointment) (Deputy Clerk MDK) (Entered: 04/14/2026)
#11
Apr 14, 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. (Deputy Clerk VLC) (Entered: 04/16/2026)
Main Document:
CONSENT/DECLINE
Apr 14, 2026
Service by Mail
Apr 14, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Apr 14, 2026
SERVICE BY MAIL: 10 Minute Order served on Nikita Ishchuck. (Deputy Clerk MDK)
May 01, 2026
Minute Order
#14
May 05, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
#15
May 05, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
#16
May 08, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
Parties
(HC)Ishchuck
Party
Warden of the Golden State Annex Detention Facility
Party