Eastern District of California • 1:26-cv-03906

#1

May 20, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Christopher Chestnut, Todd Lyons, Markwayne Mullin by Khursheedalam Khan. (Filing fee $ 5, receipt number ACAEDC-13354532) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration with Exhibits)(Adhikari, Laxman) (Entered: 05/20/2026)

#2

May 21, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/21/2026)

#3

May 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Todd Blanche,Nisreen Fakhouri Assaf for Christopher Chestnut,Nisreen Fakhouri Assaf for Todd Lyons,Nisreen Fakhouri Assaf for Markwayne Mullin (Assaf, Nisreen) (Entered: 05/21/2026)

#4

May 22, 2026

06 - HC/Order Requiring Respondent to File a Response

#5

May 22, 2026

09 - Order Re Consent or Request for Reassignment

#6

May 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Angel Fleming for Todd Blanche,Angel Fleming for Christopher Chestnut,Angel Fleming for Todd Lyons,Angel Fleming for Markwayne Mullin, attorney Nisreen Fakhouri Assaf terminated (Assaf, Nisreen) (Entered: 05/23/2026)

#7

Jun 09, 2026

Temporary Restraining Order

#8

Jun 11, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/11/2026: (Text Only Entry): The 1 petition for writ of habeas corpus is dismissed without prejudice, as petitioner has not exhausted his administrative remedy before the BIA. On March 25, 2026, petitioner received a bond hearing pursuant to 8 U.S.C. § 1226(a) in immigration court, pursuant to an order of the United States District Court for the Central District of California. See Doc. 1 at ¶ 5. Following that hearing, the immigration judge denied bond after finding that petitioner was a flight risk. Id. ¶ 6. Petitioner has not appealed the immigration judge's order to the Board of Immigration Appeals ("BIA"). Id. ¶ 37. A noncitizen "dissatisfied with the IJ's bond determination" must ordinarily "file an administrative appeal so that the necessity of detention can be reviewed by... the BIA." Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (internal citation omitted). If petitioner "remain[s] dissatisfied" after the BIA rules on his appeal, then he may "file a petition for habeas corpus in the district court." Id. "When a petitioner does not exhaust administrative remedies, a district court ordinarily should either dismiss the petition without prejudice or stay the proceedings until the petitioner has exhausted remedies[.]" Id. Exhaustion may be excused only "if administrative remedies are inadequate or not efficacious, pursuit of administrative remedies would be a futile gesture, irreparable injury will result, or the administrative proceedings would be void." Hernandez v. Sessions, 872 F.3d 976, 988 (9th Cir. 2017) (internal citations and quotations omitted). Petitioner argues that reversal of the immigration judge's order is required under the BIA's decision in Matter of Patel, Dec. 666 (BIA 1976), see Doc. 1 at ¶ ¶ 57-66; he must exhaust his administrative remedies by addressing that argument to the BIA. The Clerk of Court is directed to close this case and terminate the 7 motion for temporary restraining order as moot. (Deputy Clerk VMG) (Entered: 06/11/2026)

#9

Jun 11, 2026

Judgment

Jun 11, 2026

Minute Order AND Order on Motion for TRO