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

#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)

#2

Apr 16, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Asoka Kulatunga. (Deputy Clerk VLK) (Entered: 04/17/2026)

#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)

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)

#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)

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: 4 Prisoner New Case Documents served on Asoka Kulatunga. (Deputy Clerk VLK)

Apr 17, 2026

SERVICE BY MAIL: 5 Minute Order served on Asoka Kulatunga. (Deputy Clerk JRW)

Apr 17, 2026

Service by Mail

#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)

#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)

#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 or 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). (Entered: 04/23/2026)

#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

SERVICE BY MAIL: 10 Minute Order served on Asoka Kulatunga. (Deputy Clerk NAC)

Apr 23, 2026

Service by Mail

Apr 23, 2026

Minute Order

Apr 23, 2026

SERVICE BY MAIL: 9 Order served on Asoka Kulatunga. (Deputy Clerk AMW)

#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)

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)

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: 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)

May 14, 2026

Service by Mail

#13

Aug 06, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 5 . The court ordered respondent to show cause why the petition for writ of habeas corpus, ECF No. 1, should not be granted and judgment entered in favor of petitioner. ECF No. 5 . Respondent filed a response arguing that it may mandatorily detain petitioner under 8 U.S.C. § 1225(b)(2). ECF No. 11 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated, and accordingly, I hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 5, be made permanent; and (3) 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

Findings and Recommendations

Aug 06, 2026

Service by Mail

Aug 06, 2026

SERVICE BY MAIL: 13 Findings and Recommendations served on Asoka Kulatunga. (Deputy Clerk NAC)

#14

Aug 20, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 13 by Respondent Warden, California Correctional Institution. (Andrews, Anthony) (Entered: 08/20/2026)

#15

Aug 28, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 8/27/2026 ADOPTING 13 The Findings and Recommendations in full; The petition for writ of habeas corpus 1 is GRANTED; The preliminary injunctive relief previously granted 5 is made permanent; and The Clerk of Court is directed to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk LMS)

#16

Aug 28, 2026

JUDGMENT dated *8/28/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/27/2026. (Deputy Clerk LMS) (Entered: 08/28/2026)

Aug 28, 2026

Service by Mail

Aug 28, 2026

SERVICE BY MAIL: 15 Order Adopting Findings and Recommendations, 16 Judgment served on Asoka Kulatunga. (Deputy Clerk LMS)

#17

Sep 08, 2026

RESPONSE and OPPOSITION to 14 Objections to Findings and Recommendations by Asoka Kulatunga. (Deputy Clerk OML) (Entered: 09/10/2026)