Eastern District of California • 1:26-cv-03337

(HC) Khil v. Warden

Active

Case Information

Filed: May 01, 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: May 04, 2026
Parties: View All Parties →

Docket Entries

#1
May 01, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, WARDEN AT CALIFORNIA CITY DETENTION FACILITY by Bilal Ahmad Khil. (Filing fee $ 5, receipt number ACAEDC-13264857) (Attachments: # 1 Civil Cover Sheet)(Marcelino Schalkwyk, Lyndsey) (Entered: 05/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 01, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 05/01/2026)
Main Document: Immigration New Case Documents
#3
May 01, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 05/01/2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Petitioner's immediate release. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than May 4, 2026. If Petitioner does not intend to file a motion for TRO, Petitioner shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the habeas petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY). (Deputy Clerk CRN) (Entered: 05/01/2026)
#4
May 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Bilal Ahmad Khil. (Attachments: # 1 TRO Checklist, # 2 Declaration of Lyndsey Marcelino Schalkwyk, # 3 Exhibit A, # 4 Proposed Order with Bond, # 5 Proposed Order with Blanks)(Marcelino Schalkwyk, Lyndsey) (Entered: 05/01/2026)
Main Document: Temporary Restraining Order
#5
May 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on May 1, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 4 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his 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 his claims that Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (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. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 249-017-075) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions and may not impose additional conditions on his release without a hearing before a neutral fact-finder. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with constitutional protections, including at minimum seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents 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. The Clerk of Court shall serve this Order on the California City Corrections Center. This matter is REFERRED to the assigned U.S. Magistrate Judge for all further proceedings. SO ORDERED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 05/01/2026)
May 01, 2026
Minute Order
#6
May 04, 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: 05/04/2026)
Main Document: CONSENT/DECLINE
#7
May 04, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 5/4/2026: Respondents are granted 14 days to file a response to the pending petition for writ of habeas corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the petition. Petitioner (A No. 249 017 075) may file a traverse within 14 days of service of the response. (Text Only Entry) (Deputy Clerk RAA) (Entered: 05/04/2026)
May 04, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Khil
Party
Warden
Party