Eastern District of California • 1:26-cv-03125

#1

Apr 24, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)

#2

Apr 24, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)

#3

Apr 24, 2026

MOTION for APPOINTMENT of COUNSEL by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)

Apr 24, 2026

RECEIPT number 100008005 for $5.00 for Filing Fee from Cal City Immigration Processing. (Deputy Clerk OML)

#4

Apr 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/1/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/27/2026)

#5

Apr 27, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 04/27/2026: MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 04/27/2027: 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 her 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 her claim that Respondent violated the Fifth Amendment Due Process Clause for prolonged detention; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. Courts have repeatedly ruled on the issues presented in the instant case. See, e.g., Abushinova v. Warden of Cal. Corr. Ctr ., No. 1:26-cv-00969-TLN-SCR (ECF No. 10 ); see also L.S. v. Warden, Otay Mesa Det. Ctr., No. 25CV3598-LL-BJW, 2026 WL 143150, at *6 (S.D. Cal. Jan. 20, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. Respondent must provide a bond hearing within seven (7) days of this Order where Respondent bears the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider Petitioner's financial circumstances for bond and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 991 (9th Cir. 2017). At the hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or flight risk, Respondent must immediately release Petitioner. Respondent may impose any restrictions or conditions determined to be necessary by the neutral decisionmaker at the hearing. Within eight days from the date of this Order, Respondent must file a notice of compliance with this Court's Order and, if a bond hearing was held, identify the outcome of the hearing. Respondent 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. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk CRN) (Entered: 04/27/2026)

#6

Apr 27, 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: 04/27/2026)

Apr 27, 2026

SERVICE BY MAIL: 5 Minute Order, served on Parajuli Pitamber. (Deputy Clerk CRN)

Apr 27, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 27, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Parajuli Pitamber. (Deputy Clerk OML)

Apr 27, 2026

Service by Mail

#7

Apr 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, attorney Jonathan Yu, GOVT terminated (Weger, Shelley) (Entered: 04/28/2026)

#8

May 04, 2026

Notice of Compliance

#9

May 05, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 5/5/2026: Petitioner (A No. 221 390 346) has filed a motion for the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Therefore, petitioner's motion (ECF No. 3 ) is DENIED. (Text Only Entry) (Deputy Clerk RAA) (Entered: 05/05/2026)

#10

May 05, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 5/5/2026: In his habeas petition, petitioner (A No. 221 390 346) seeks a hearing before an immigration judge where the government must show by clear and convincing evidence that petitioner is a flight risk or dangerous to justify further detention. ECF No. 1 at 16-17. The district court judge assigned to this case ordered that such a hearing be held no later than May 4, 2026. ECF No. 5 . Respondents confirm the hearing was held on May 4, 2026. At the hearing, it was found that the Department of Homeland Security met the required burden. That decision may be appealed to the Board of Immigration Appeals no later than June 3, 2026. ECF No. 8 -1. Petitioner having obtained the relief sought in his petition, IT IS HEREBY RECOMMENDED that the petition for writ of habeas corpus (ECF No. 1 ) be dismissed as moot. 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 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be served and filed within 7 days after 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. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Text Only Entry) (Deputy Clerk RAA) (Entered: 05/05/2026)

May 05, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

May 05, 2026

SERVICE BY MAIL: 10 Minute Order served on Parajuli Pitamber. (Deputy Clerk RAA)

May 05, 2026

SERVICE BY MAIL: 9 Minute Order served on Parajuli Pitamber. (Deputy Clerk RAA)

May 05, 2026

Minute Order AND Order on Motion to Appoint Counsel

May 05, 2026

Service by Mail

#11

May 13, 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 JAW) (Entered: 05/14/2026)

#12

May 18, 2026

Miscellaneous Relief

#13

May 29, 2026

Order to Show Cause

May 29, 2026

Service by Mail

May 29, 2026

SERVICE BY MAIL: 13 Order to Show Cause, served on Parajuli Pitamber. (Deputy Clerk HAH)

#14

Jun 02, 2026

Notice of Appearance

#15

Jun 05, 2026

RESPONSE to 13 ORDER to SHOW CAUSE by Warden. (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (Notice to Appear), # 3 Exhibit 3 (Removal Order), # 4 Exhibit 4 ((Filing Receipt for BIA Appeal), # 5 Exhibit 5 (Notice of Entry of Appearance as Attorney Before the Immigration Court), # 6 Exhibit 6 (Bond Hearing Notice), # 7 Exhibit 7 (Order))(Weger, Shelley) (Entered: 06/05/2026)

#16

Jun 05, 2026

Notice of Filing / Lodging Document

#17

Jun 09, 2026

REPLY by Parajuli Pitamber re 15 Response to Order to Show Cause,. (Adhikari, Laxman) (Entered: 06/09/2026)

#18

Jun 12, 2026

Findings and Recommendations

#19

Jun 12, 2026

Notice of Filing / Lodging Document

Jun 12, 2026

ACKNOWLEDGEMENT OF RECEIPT of 19 DVD from Shelly Wagner. (Routed to File Room)(Text only entry) (Deputy Clerk KML)

#20

Jun 22, 2026

Objections to Findings and Recommendations

#21

Jun 22, 2026

Notice of Filing / Lodging Document

#22

Jun 23, 2026

REPLY to 20 Objections to Findings and Recommendations by Parajuli Pitamber. (Adhikari, Laxman) Modified on 6/26/2026 (KS). (Entered: 06/23/2026)

#23

Jun 25, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case

#24

Jun 25, 2026

Judgment

#25

Jun 26, 2026

Notice of Compliance