Eastern District of California • 1:26-cv-03443

#1

May 04, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd W. Blanche, Todd Lyons, Markwayne Mullin, Warden Warden by Honey Kumar. (Filing fee $ 5, receipt number ACAEDC-13274438) (Attachments: # 1 Exhibits, # 2 Coversheet)(Kaur, Simranjit) (Entered: 05/04/2026)

#2

May 04, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Honey Kumar. (Attachments: # 1 Declaration, # 2 Exhibits, # 3 Checklist)(Kaur, Simranjit) (Entered: 05/04/2026)

#3

May 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MCF) (Entered: 05/04/2026)

#4

May 04, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/4/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 5/6/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 12:00 PM on 5/7/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 5/5/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/04/2026)

May 04, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#5

May 05, 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: 05/05/2026)

#6

May 05, 2026

OPPOSITION by Respondents to 2 Motion for Temporary Restraining Order and 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Rodriguez, Camilo) Modified on 5/6/2026 (KLY). (Entered: 05/05/2026)

#7

May 12, 2026

Notice of Related Case

#8

May 13, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/13/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 4 Order by alleging that Petitioner was detained after Respondents became aware that Petitioner has been convicted to life imprisonment for Murder, Rioting with an Armed Deadly Weapon, and Unlawful Assembly in his native India. Thus, Respondents contend Petitioner has been detained as a fugitive from justice. Respondents attach records from India reflecting these convictions. The court has previously found that where the Government presents non-pretextual reasons to re-detain a noncitizen previously released into the United States, the proper remedy for the Government's failure to provide a pre-deprivation bond hearing is a post-deprivation bond hearing, not immediate release. See, e.g., Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026). Petitioner did not file a Reply contesting Respondents' allegations and his time to do so has expired. Accordingly, for the reasons explained in Calvillo, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED IN PART as follows: (1) Respondents shall, within fourteen (14) days of issuance of this Order, provide Petitioner Honey Kumar (A-245-345-698) with a bond hearing before an Immigration Judge at which the Government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence; and (2) Petitioner's request for immediate release is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/13/2026)

May 13, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#9

May 15, 2026

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

#10

May 15, 2026

Order

#12

May 18, 2026

Temporary Restraining Order

#13

May 18, 2026

Appoint Counsel

#14

May 20, 2026

Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel

May 20, 2026

Service by Mail