Southern District of California • 3:26-cv-02859

#1

May 06, 2026

Petition for Writ of Habeas Corpus against Gregory Archambeault, Todd Blanche, Jeremy Casey, Todd Lyons, Markwayne Mullin ( Filing fee $ 5 receipt number ACASDC-21124276.), filed by Wenbiao Li. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Part of the Bond Hearing Transcript and Order of the Immigration Judge, # 3 Exhibit Notice of Appeal, # 4 Exhibit NTA)The new case number is 3:26-cv-2859-JO-BJW. Judge Jinsook Ohta and Magistrate Judge Brian J. White are assigned to the case. (Li, Guofeng)(dde) (anh). (Entered: 05/06/2026)

#2

May 07, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts with the following modification the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144, available on the court's website: Any optional reply will be due 3 days after the government's opposition. Further, the Court sets a hearing on the Petition for May 28, 2026 at 9:30 AM in Courtroom 4C. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 05/07/2026. (rh) (Entered: 05/07/2026)

#3

May 07, 2026

NOTICE OF RELATED CASE(S) by Gregory Archambeault, Todd Blanche, Jeremy Casey, Todd Lyons, Markwayne Mullin of case(s) No. 26-cv-1933-TWR-JLB . (Dimbleby, Erin) (aas). (Entered: 05/07/2026)

May 07, 2026

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings

#4

May 08, 2026

MINUTE ORDER OF TRANSFER. Judge Jinsook Ohta, Magistrate Judge Brian J. White is no longer assigned. Case reassigned to Judge Todd W. Robinson and Magistrate Judge Jill L. Burkhardt for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 26cv2859-TWR-JLB.(no document attached) (aas) (Entered: 05/08/2026)

#5

May 08, 2026

MINUTE ORDER. Respondents are ORDERED to show cause why the 1 Petition should not be granted by filing a written response on or before May 13, 2026. (no document attached) (mxc) (Entered: 05/08/2026)

#6

May 08, 2026

Notice of Appearance

May 08, 2026

Order of Judge Transfer

May 08, 2026

Order

#7

May 13, 2026

Return to Petition for Writ of H/C

#8

May 15, 2026

Response - Other

#9

May 15, 2026

MINUTE ORDER Denying Petition Without Prejudice. On April 1, 2026, the Court ordered Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within fourteen days. (ECF No. 4 in 26-cv-01933.) Petitioner received a bond hearing and now seeks review of the immigration judge's denial of bond and argues that exhaustion should be waived because delay from the BIA appeals process would cause irreparable harm. (ECF No. 1 at 2-3.) Petitioner argues his 8 U.S.C. § 1226(a) bond hearing violated this Court's Order, Section 1226(a), and due process because the immigration judge did not put the burden of proof on Respondents. Because the Court's Order did not specify who would bear the burden of proof and Section 1226(a) does not specify who shall bear the burden of proof, the Court does not find that the bond hearing violated the Court's Order nor Section 1226(a). Further, Petitioner does not raise any factual grounds illustrating a violation of due process. Accordingly, the Court does not find that placing the burden of proof on Petitioner violated due process. See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1211-1212 (9th Cir. 2022) ("Nothing in this record suggests that placing the burden of proof on the government [at a 1226(a) hearing] was constitutionally necessary to minimize the risk of error, much less that such burden-shifting would be constitutionally necessary in all, most, or many cases."). The Court therefore DENIES WITHOUT PREJUDICE the 1 Petition. (no document attached) (mxc) (Entered: 05/15/2026)

May 15, 2026

Order