Eastern District of California • 1:26-cv-02880
(HC) Kulatunga v. Warden, California Correctional Institution
Active
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:
May 06, 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: 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)
Apr 17, 2026
Service by Mail
#7
Apr 18, 2026
NOTICE OF COMPLIANCE re 5 Minute Order,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,, by Warden, California Correctional Institution.. (Hemesath, Audrey) (Entered: 04/18/2026)
Main Document:
Notice of Compliance
#9
Apr 23, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 23, 2026
Service by Mail
Apr 23, 2026
Minute Order
#12
May 06, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
Parties
(HC) Kulatunga
Party
Warden, California Correctional Institution
Party