Eastern District of California • 1:26-cv-03094

(HC) Xayyabanha v. Mullin

Active

Case Information

Filed: April 23, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 23, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Kaykeo Xayyabanha. (Deputy Clerk AJB) (Entered: 04/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Kaykeo Xayyabanha. (Deputy Clerk AJB) (Entered: 04/23/2026)
Main Document: In Forma Pauperis
#3
Apr 23, 2026
MOTION to APPOINT COUNSEL by Kaykeo Xayyabanha. (Deputy Clerk AJB) (Entered: 04/23/2026)
Main Document: Appoint Counsel
#4
Apr 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 04/23/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 23, 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: 04/23/2026)
Main Document: CONSENT/DECLINE
Apr 23, 2026
Service by Mail
Apr 23, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Kaykeo Xayyabanha. (Deputy Clerk AJB)
#6
Apr 24, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/24/2026: On 4/23/2026, petitioner filed a 1 petition for writ of habeas corpus which contains a motion for preliminary injunction. Pending the issuance of the court's order resolving the pending 1 motion for preliminary injunction, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 1 motion for preliminary injunction. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 1 motion for preliminary injunction by 5:00 PM Monday, 4/27/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in its opposition whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (cc: Golden State) (Deputy Clerk MCF) (Entered: 04/24/2026)
Apr 24, 2026
Service by Mail
Apr 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 24, 2026
SERVICE BY MAIL: 6 Minute Order served on Kaykeo Xayyabanha. (Deputy Clerk MCF)
Apr 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 29, 2026
Service by Mail

Parties

(HC) Xayyabanha
Party
Mullin
Party