Eastern District of California • 1:26-cv-03125
(HC) Pitamber v. Warden
Active
Case Information
Filed: April 24, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 24, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Temporary Restraining Order
#3
Apr 24, 2026
MOTION for APPOINTMENT of COUNSEL by Parajuli Pitamber. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Appoint Counsel
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)
Main Document:
Prisoner New Case Documents for DJ Presider
#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)
Main Document:
CONSENT/DECLINE
Apr 27, 2026
Service by Mail
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: 5 Minute Order, served on Parajuli Pitamber. (Deputy Clerk CRN)
Parties
(HC) Pitamber
Party
Warden
Party