Eastern District of California • 1:26-cv-03068

(HC) Xiong v. Becerra

Active

Case Information

Filed: April 22, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 01, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 22, 2026
PETITION for WRIT of HABEAS CORPUS against That Xiong by That Xiong. (Filing fee $ 5, receipt number ACAEDC-13218871) (Cummings, Robert) (Entered: 04/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 22, 2026
CIVIL COVER SHEET filed by That Xiong. (Cummings, Robert) (Entered: 04/22/2026)
Main Document: CIVIL
#3
Apr 22, 2026
MOTION for TEMPORARY RESTRAINING ORDER by That Xiong. (Cummings, Robert) (Entered: 04/22/2026)
Main Document: Temporary Restraining Order
#4
Apr 22, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/22/2026)
Main Document: VISITING
#5
Apr 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Moises Becerra,Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for Markwayne Mullin,Audrey Benison Hemesath, GOVT for Ron Murray (Hemesath, Audrey) (Entered: 04/22/2026)
Main Document: DESIGNATION
#6
Apr 22, 2026
EO: The court has reviewed Petitioner's Petition for Writ of Habeas Corpus, Dkt. 1, and Motion for Temporary Restraining Order, Dkt. 3 . Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before April 24, 2026. Petitioner may file a Reply on or before April 28, 2026. In their respective filings, both parties should address whether they oppose conversion of the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. Petitioner's counsel is DIRECTED to send a copy of the Petition, Dkt. 1, and Motion, Dkt. 3, as well as to provide the Petitioner's full name and A number to the US Attorney's Office by the end of the day on April 22, 2026, at their email usacae.ecf2241-imm@usdoj.gov. Petitioner's Counsel shall file proof of such service on the docket. By the end of the day on April 22, 2026, Petitioner's counsel also must provide Petitioner's full A number to the court via email to Smith_Orders@hid.uscourts.gov. Counsel for Respondents shall promptly enter notices of appearance. Pending the court's decision, and unless and until the court orders otherwise, the court ORDERS that respondents shall not transfer or otherwise take petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/22/2026)
Apr 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Apr 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Kimberly A. Sanchez for Moises Becerra,Kimberly A. Sanchez for Todd Blanche,Kimberly A. Sanchez for Markwayne Mullin,Kimberly A. Sanchez for Ron Murray, attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 04/23/2026)
Main Document: DESIGNATION
#8
Apr 24, 2026
Notice of Related Case
Main Document: Notice of Related Case
#9
Apr 24, 2026
Dismiss
Main Document: Dismiss
#10
Apr 24, 2026
Opposition to Motion
Main Document: Opposition to Motion
#11
Apr 29, 2026
EO: Before the court is Respondent's motion to dismiss. Dkt. 9 . In the motion, Respondents argue that this action should be dismissed because the petition in this case is duplicative of filings in another case, Xiong v. Wofford, No. 1:25-cv-02004-CSK (E.D. Cal.). On or before May 1, 2026, Petitioner must respond to the motion. Respondents may file a reply on or before May 5, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/29/2026)
Apr 29, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#12
May 01, 2026
REPLY by That Xiong re 11 Minute Order,,, Set Motion and F&R Deadlines/Hearings,,. (Cummings, Robert) (Entered: 05/01/2026)
Main Document: REPLY

Parties

Becerra
Party
(HC) Xiong
Party