Eastern District of California • 2:25-cv-03187

(HC) Zakeri v. Department of Justice

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Case Information

Filed: November 03, 2025
Assigned to: Allison Claire
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: April 17, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 03, 2025
PETITION for WRIT of HABEAS CORPUS against Respondents by Zakeri Morteza. (Deputy Clerk JAW) (Main Document 1 replaced on 12/1/2025) (JJD). (Entered: 11/04/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 05, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 12/8/2025. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 11/05/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
Nov 05, 2025
Service by Mail
Nov 05, 2025
RECEIPT number 200015560 for $5.00 for Writ of Habeas Corpus from Krsty Lynn Felkins. (Deputy Clerk JAW)
Nov 05, 2025
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Zakeri Morteza. (Deputy Clerk JAW)
#3
Nov 17, 2025
ORDER signed by Magistrate Judge Allison Claire on 11/17/2025 DIRECTING the Respondent to file an answer/return within 14 days from the date of this order. If an answer/return is filed, Respondent shall include with the answer/return any and all transcripts or other document relevant to the determination of the issues presented in the application. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of Respondent's answer/return. (Deputy Clerk KS) (Entered: 11/17/2025)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#4
Nov 17, 2025
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 11/17/2025. To ensure this court's jurisdiction to resolve the pending § 2241 petition, respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 11/17/2025)
#5
Nov 17, 2025
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 AMW) (Entered: 11/18/2025)
Main Document: CONSENT/DECLINE
Nov 17, 2025
SERVICE BY MAIL: 3 Order served on Zakeri Morteza. (Deputy Clerk KS)
Nov 17, 2025
Service by Mail
Nov 17, 2025
SERVICE BY MAIL: 4 Minute Order served on Zakeri Morteza. (Deputy Clerk JAA)
Nov 17, 2025
Minute Order
#6
Nov 26, 2025
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Chan Hee Chu for All Respondents. (Chu, Chan Hee) Modified on 12/1/2025 (HAH). (Entered: 11/26/2025)
Main Document: DESIGNATION
#7
Nov 26, 2025
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. (Chu, Chan Hee) (Entered: 11/26/2025)
Main Document: CONSENT/DECLINE
#8
Nov 28, 2025
MOTION for EXTENSION of TIME to FILE ANSWER by All Respondents. (Chu, Chan Hee) Modified on 12/1/2025 (HAH). (Entered: 11/28/2025)
Main Document: Extension of Time to File Answer
#9
Dec 01, 2025
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 12/01/2025. Good cause appearing, Respondents' Motion for a First Extension to Answer Petition (ECF No. 8 ) is GRANTED. Respondents' deadline to a response to Petitioner's habeas petition is extended to December 5, 2025. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of Respondents' response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 12/01/2025)
#10
Dec 01, 2025
CLERK'S NOTICE of DOCKET CORRECTION: Pursuant to Chamber's request, Petitioner's name corrected from "Zakeri Morteza" to "Morteza Zakeri". The docket has been updated accordingly. (Deputy Clerk HAH) (Entered: 12/01/2025)
#11
Dec 01, 2025
CONSENT MINUTE ORDER (Text Only) signed by Chief Judge Troy L. Nunley on 12/1/2025: All parties have consented to the jurisdiction of a United States Magistrate Judge for all further proceedings in this action, including trial and entry of judgment, pursuant to 28 U.S.C. 636(c)(1). Accordingly, this Court AUTHORIZES the action to proceed before the assigned United States Magistrate Judge for all further proceedings including trial and entry of judgment. All further papers filed in this action shall bear the case number 2:25-cv-3187-AC (HC). (Deputy Clerk HAH) (Entered: 12/01/2025)
#12
Dec 01, 2025
NOTICE of CHANGE of ADDRESS to 22844 Virginia Boulevard, California City, CA 93505 by Morteza Zakeri. (Deputy Clerk VLK) Modified on 12/3/2025 (HAH). (Entered: 12/02/2025)
Main Document: Notice of Change of Address
Dec 01, 2025
Minute Order AND Order on Motion for Extension of Time to File Answer
Dec 01, 2025
Service by Mail
Dec 01, 2025
Consent Minute Order
Dec 01, 2025
SERVICE BY MAIL: 9 Minute Order served on Zakeri Morteza. (Deputy Clerk JAA)
Dec 01, 2025
SERVICE BY MAIL: 10 Clerk's Notice of Docket Correction, 11 Consent Minute Order served on Morteza Zakeri. (Deputy Clerk HAH)
Dec 01, 2025
MAIL RETURNED as Undeliverable, NIC: 4 Minute Order sent to Zakeri Morteza. Notice of Change of Address due by 1/8/2026. (Deputy Clerk VLK)
Dec 02, 2025
MAIL RETURNED as Undeliverable, NIC: 3 Order sent to Zakeri Morteza. Notice of Change of Address due by 1/9/2026. (Deputy Clerk VLK)
Dec 03, 2025
RE-SERVICE BY MAIL: 3 Order, 4 Minute Order, 9 Minute Order, 10 Clerk's Notice of Docket Correction, and 11 Consent Minute Order served on Morteza Zakeri at California City Detention Facility. (Deputy Clerk HAH)
Dec 03, 2025
Service by Mail
#13
Dec 05, 2025
MOTION to DISMISS by Department of Justice, I.C.E., Andrews T. Motion Hearing set for 1/14/2026 at 10:00 AM before Magistrate Judge Allison Claire. (Chu, Chan Hee) (Entered: 12/05/2025)
Main Document: Dismiss
#14
Dec 10, 2025
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 12/10/2025 re 13 Motion to Dismiss. The hearing on the motion now calendared for Wednesday, January 14, 2026 is ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (Text Only Entry) (Deputy Clerk JAA) (Entered: 12/10/2025)
Dec 10, 2025
Service by Mail
Dec 10, 2025
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
Dec 10, 2025
SERVICE BY MAIL: 14 Minute Order served on Morteza Zakeri. (Deputy Clerk JAA)
#15
Dec 15, 2025
CERTIFICATE / PROOF of SERVICE by Andrews T., I.C.E., Department of Justice re 13 Motion to Dismiss. Attorney Chu, Chan Hee added.. Attorney Chu, Chan Hee added as counsel of record. (Chu, Chan Hee) (Entered: 12/15/2025)
Main Document: Certificate / Proof of Service
Dec 22, 2025
MAIL RETURNED as Not in Custody, Unable to forward: (#10) Clerk's Notice of Docket Correction & (#11) Consent Minute Order sent to Morteza Zakeri. Notice of Change of Address due by 1/29/2026. (Deputy Clerk JAW)
#16
Dec 29, 2025
ORDER signed by Magistrate Judge Allison Claire on 12/29/2025 DIRECTING respondents to file a status report regarding petitioners custody, including whether he has been released and/or removed, and if so, when and where. (Deputy Clerk KEZ)
Main Document: Order
#17
Dec 29, 2025
NOTICE re Continued Detention by Morteza Zakeri (Deputy Clerk VLC) (Entered: 12/30/2025)
Main Document: Notice (Other)
Dec 29, 2025
Service by Mail
Dec 29, 2025
SERVICE BY MAIL: 16 Order served on Morteza Zakeri. (Deputy Clerk KEZ)
#18
Dec 31, 2025
STATUS REPORT by All Respondents. (Chu, Chan Hee) Modified on 1/5/2026 (HAH). (Entered: 12/31/2025)
Main Document: STATUS
#19
Jan 05, 2026
ORDER signed by Magistrate Judge Allison Claire on 1/5/2026 ORDERING that, within 30 days after the service of this order, petitioner shall file and serve an opposition to 13 Motion to Dismiss or a statement of non-opposition. (Deputy Clerk HAH)
Main Document: Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Jan 05, 2026
Service by Mail
Jan 05, 2026
SERVICE BY MAIL: 19 Order served on Morteza Zakeri. (Deputy Clerk HAH)
#20
Feb 03, 2026
Appoint Counsel
Main Document: Appoint Counsel
#21
Feb 03, 2026
Opposition to Motion
Main Document: Opposition to Motion
Feb 04, 2026
Minute Order AND Order on Motion to Appoint Counsel
Feb 04, 2026
Service by Mail
Feb 06, 2026
Minute Order
Feb 11, 2026
Minute Order
Mar 06, 2026
Minute Order
#30
Mar 10, 2026
Opposition to Motion
Main Document: Opposition to Motion
#31
Mar 10, 2026
Appoint Counsel
Main Document: Appoint Counsel
Mar 10, 2026
Minute Order AND Order on Motion to Appoint Counsel
#34
Mar 13, 2026
Dismiss
Main Document: Dismiss
#35
Mar 13, 2026
Notice (Other)
Main Document: Notice (Other)
Apr 01, 2026
Service by Mail
#37
Apr 16, 2026
ORDER signed by Magistrate Judge Allison Claire on 4/16/2026 GRANTING 33 amended petition for writ of habeas corpus; DENYING 34 Motion to Dismiss; DENYING AS MOOT 13 Motion to Dismiss. Respondents shall IMMEDIATELY RELEASED Morteza Zakeri (A# 217-018-723) from ICE custody under appropriate conditions of supervision. RETURN all of petitioner's documents and possessions upon his release from custody. FILE a notice of compliance within 3 days from the date of this order, confirmi ng petitioner's release from custody and the return of his documents and possessions. Respondents and their officers, agents, servants, employees, and persons acting on their behalf, in concert or in participation with them, are PERMANENTLY EN JOINED and RESTRAINED from removing petitioner to a third country unless they adhere to the following procedures: Provide petitioner and his counsel a meaningful opportunity and a minimum of ten days to raise a fear-based claim for protection prior to removal; If petitioner demonstrates reasonable fear of removal to the third country, respondents must move to reopen petitioner's removal proceedings; If petitioner is not found to have demonstrated a reasonable fear of removal to the third c ountry, respondents must provide a meaningful opportunity and a minimumof 15 days for petitioner to seek reopening of his immigration proceedings. The Clerk of the Court is directed to enter judgment in favor of petitioner. CASE CLOSED. (cc California City Correctional Facility) (Deputy Clerk KEZ)
Main Document: Order AND Order on Motion to Dismiss AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#38
Apr 16, 2026
Judgment
Main Document: Judgment
#39
Apr 17, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

Department of Justice
Party
(HC) Morteza
Party