Eastern District of California • 1:26-cv-03503

(HC) Qasemi v. Becerra

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Case Information

Filed: May 07, 2026
Assigned to: Dale Alan Drozd
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 05, 2026
Parties: View All Parties →

Docket Entries

#1
May 07, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Najibullah Qasemi. (Filing fee $ 5, receipt number ACAEDC-13293357) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Ghazialam, Bashir) Modified on 5/13/2026 (KS). (Entered: 05/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 07, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Najibullah Qasemi for attorney Lauren ONeal to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13293391) (Attachments: # 1 Proposed Order) (Ghazialam, Bashir) (Entered: 05/07/2026)
Main Document: Application for Pro Hac Vice and Proposed Order
#3
May 07, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/07/2026)
Main Document: Immigration New Case Documents
#4
May 07, 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: 05/07/2026)
Main Document: CONSENT/DECLINE
#5
May 08, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/8/2026: A review of the 1 petition for writ of habeas corpus reveals that petitioner is seeking: (1) an order to show cause ordering respondents to show why the petition should not be granted within three days; and (2) immediate release from respondents' custody. Petitioner is directed to file a motion for temporary restraining order if they seek emergency relief. Regardless, the 1 petition is immediately REFERRED to Magistrate Judge Allison Claire. (Deputy Clerk PAB) (Entered: 05/08/2026)
May 08, 2026
Minute Order
#6
May 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/11/2026. Petitioner, proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's counsel has submitted an application for pro hac vice 2 . However, the application is not accompanied by a certificate of good standing. Counsel must submit a certificate of good standing within 7 days or the application will be denied. Respondents are directed to file an answer/return within 14 days from the date of this order. Respondents shall substantively address whether there are any factual or legal issues that materially distinguish this case from Rocha Chavarria v. Chestnut, No. 1:25-cv-1755 DAD AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 05/11/2026)
#7
May 11, 2026
EXHIBIT A in Support of 2 Pro Hac Vice Application filed by Petitioner Najibullah Qasemi. (Ghazialam, Bashir) Modified on 5/15/2026 (KS). (Entered: 05/11/2026)
Main Document: Exhibit
#8
May 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/11/2026. Petitioner's counsel has submitted a pro hac vice application 2 . The application is APPROVED. The pro hac vice attorney is DIRECTED to request filing access through PACER. (Text Only Entry) (Deputy Clerk JAA) (Entered: 05/11/2026)
May 11, 2026
Minute Order
#9
May 25, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Moises Becerra, Todd Blanche, Markwayne Mullin, Caleb Vitello, Warden of the Golden State Annex. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Abouzeid, Haddy) (Entered: 05/25/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#10
May 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Najibullah Qasemi. (Attachments: # 1 Declaration Attorney Declaration, # 2 Proposed Order Proposed Order, # 3 TRO Checklist)(O'Neal, Lauren) (Entered: 05/28/2026)
Main Document: Temporary Restraining Order
#11
May 28, 2026
REPLY by Najibullah Qasemi re 9 Answer to Petition for Writ of Habeas Corpus. (O'Neal, Lauren) (Entered: 05/28/2026)
Main Document: REPLY
#12
May 28, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/28/2026: On 5/28/2026, petitioner, proceeding with counsel, filed a motion for temporary restraining order requesting that this court enjoin petitioner's transfer outside of this judicial district to preserve this court's jurisdiction. (Doc. No. 10 .) On 5/11/2026, the assigned magistrate judge had already ordered that respondents not transfer petitioner outside of this judicial district pending further order of this court. (Doc. No. 6 .) The court therefore denies petitioner's motion (Doc. No. 10 ) as moot because the requested relief has already been granted. Further, this court has been flooded with habeas petitions and, in the interest of judicial economy, petitioner's counsel is advised to carefully review the court's orders prior to filing any motions. (Deputy Clerk PAB) (Entered: 05/28/2026)
May 28, 2026
Minute Order AND Order on Motion for TRO
#13
May 29, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#14
Jun 01, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/29/2026 RECOMMENDING petitioner's 1 petition for writ of habeas corpus be granted as follows: a. Respondents shall immediately release petitioner Najibullah Qasemi, A- 249-373-097, with the same conditions he was subject to immediately prior to his detention on 3/31/2026, at the time of release, respondents must return all of petitioner's documents and possessions, b. Respondents shall not impose any addit ional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing, c. Respondents are enjoined and restrained from re-detaining petitioner unless they provide at least 7 days' written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker, at which hearing respondents will bear the burden of demonstrating that petitioner is a flight risk or danger to the community and petitioner's eligibility for b ond must be considered, d. The order does not address the circumstances in which respondents may detain petitioner in the event petitioner becomes subject to an executable final order of removal and petitioner receives notice of that final order of removal; Within 3 days of an order adopting these findings and recommendations, respondents be required to file a notice of compliance confirming petitioner's release and that the conditions of his supervision are the same as those to which he was subject prior to his 3/31/2026 detention; Petitioner's 13 motion for a temporary restraining order be denied as moot; and the Clerk of the Court be directed to enter judgment for petitioner and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 3 days. (Deputy Clerk KLY)
Main Document: Findings and Recommendations AND Order on Application for Pro Hac Vice
#15
Jun 05, 2026
ORDER signed by District Judge Dale A. Drozd on 6/5/2026 ADOPTING 14 Findings and Recommendations, GRANTING 1 Petition for Writ of Habeas Corpus, and ORDERING Respondents to IMMEDIATELY RELEASE petitioner Najibullah Qasemi, A-File No. 249-373-0 97, from respondents' custody. Respondents are ENJOINED and RESTRAINED from re-detaining petitioner, absent exigent circumstances. The Clerk of the Court is also directed to ENTER judgment in favor of petitioner and close this case. CASE CLOSED. (cc ICE Golden State Annex) (Deputy Clerk VLK)
Main Document: Findings and Recommendations AND Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#16
Jun 05, 2026
Judgment
Main Document: Judgment