Eastern District of California • 1:26-cv-02880

(HC) Kulatunga v. Warden, California Correctional Institution

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Case Information

Filed: April 16, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California Correctional Institution by Asoka Kulatunga. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk VLK) (Entered: 04/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 16, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Asoka Kulatunga. (Deputy Clerk VLK) (Entered: 04/17/2026)
Main Document: Temporary Restraining Order
#3
Apr 16, 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 VLK) (Entered: 04/17/2026)
Main Document: CONSENT/DECLINE
Apr 16, 2026
RECEIPT number 100007932 for $5.00 for filing fee from Asoka Kulatunga. (Deputy Clerk VLK)
#4
Apr 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/21/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 04/17/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Apr 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/17/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip sharply in Petitioner's favor; and (4) a TRO is in the public interest. There was no executable final order of removal for Petitioner at the time Respondents detained Petitioner, thus, he is likely subject to 8 U.S.C. 1226(a) and entitled to a bond hearing. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 079-071-756) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice of compliance with this Order by April 20, 2026. Respondents are further ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent an executable final order of removal or notice and a pre-deprivation hearing before a neutral fact-finder where Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by April 24, 2026. Petitioner may file a reply by April 30, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve California City Corrections Center with a copy of this Order. SO ORDERED. (Text Only Entry)(cc California City Corrections Center) (Deputy Clerk JRW) (Entered: 04/17/2026)
#6
Apr 17, 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: 04/17/2026)
Main Document: CONSENT/DECLINE
Apr 17, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 17, 2026
Service by Mail
Apr 17, 2026
SERVICE BY MAIL: 5 Minute Order served on Asoka Kulatunga. (Deputy Clerk JRW)
Apr 17, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Asoka Kulatunga. (Deputy Clerk VLK)
#7
Apr 18, 2026
NOTICE OF COMPLIANCE with 5 Minute Order by Warden, California Correctional Institution. (Hemesath, Audrey) Modified on 4/20/2026 (KS). (Entered: 04/18/2026)
Main Document: Notice of Compliance
#8
Apr 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for Warden, California Correctional Institution. Attorney Audrey Benison Hemesath, GOVT terminated. (Andrews, Anthony) (Entered: 04/21/2026)
Main Document: DESIGNATION
#9
Apr 23, 2026
[DISREGARD] ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/23/2026 DIRECTING respondent file a response and any documents necessary for resolving the 1 Petition within 7 days of this order. If respondent files an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondent's answer. If no traverse is filed within 7 days, the petition and answer are DEEMED submitted. If respondent moves to dismiss, petitioner must file an opposition o r statement of non-opposition within 7 days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. (Deputy Clerk AMW) Modified on 4/23/2026 (NAC).
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Apr 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Jeremy D. Peterson on 4/23/2026: The court's 9 4/23/2026 Order was filed in error and shall be DISREGARDED by the parties. (Text Only Entry). (Deputy Clerk NAC) (Entered: 04/23/2026)
Apr 23, 2026
Minute Order
Apr 23, 2026
SERVICE BY MAIL: 10 Minute Order served on Asoka Kulatunga. (Deputy Clerk NAC)
Apr 23, 2026
SERVICE BY MAIL: 9 Order served on Asoka Kulatunga. (Deputy Clerk AMW)
Apr 23, 2026
Service by Mail
#11
Apr 24, 2026
ANSWER (Return) to 1 Petition for Writ of Habeas Corpus, OPPOSITION to 2 Motion for Temporary Restraining Order and All Relief, and RESPONSE to 5 Order to Show Cause by Warden, California Correctional Institution. (Andrews, Anthony) Modified on 5/5/2026 (KS). (Entered: 04/24/2026)
Main Document: ANSWER
Apr 27, 2026
MAIL RETURNED as RTS: 5 Minute Order, 4 Prisoner New Case Documents sent to Asoka Kulatunga. (Deputy Clerk LMS)
#12
May 01, 2026
NOTICE of CHANGE of ADDRESS to C/O Percy Siriwardana, 2941 E. Las Olas Blvd., Ft. Lauderdale, FL 33316 by Asoka Kulatunga. (Deputy Clerk EF) (Entered: 05/06/2026)
Main Document: Notice of Change of Address
May 04, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed: 9 Order sent to Asoka Kulatunga. Notice of Change of Address due by 6/11/2026. (Deputy Clerk JRM)
May 05, 2026
MAIL RETURNED as Undeliverable, Unable to Forward: 10 Minute Order sent to Asoka Kulatunga. Notice of Change of Address due by 6/12/2026. (Deputy Clerk NAC)
May 14, 2026
Service by Mail
May 14, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents, 5 Minute Order, 9 Order, and 10 Minute Order served on Asoka Kulatunga at 2941 E. Las Olas Blvd. (Deputy Clerk HAH)
Aug 06, 2026
Service by Mail
Aug 06, 2026
Findings and Recommendations
#14
Aug 20, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations