Northern District of California • 3:26-cv-05142

Vu v. Albarran

Active

Case Information

Filed: May 29, 2026
Assigned to: James Donato
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 02, 2026
Parties: View All Parties →

Docket Entries

#1
May 29, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22041982.). Filed by Chhai Vu. (Attachments: # 1 Declaration Lee Decl. and Exhibits, # 2 Civil Cover Sheet)(Lee, So Young) (Filed on 5/29/2026) (Entered: 05/29/2026)
Main Document: Petition for Writ of Habeas Corpus
Attachment 1: Declaration Lee Decl. and Exhibits
Attachment 2: Civil Cover Sheet
#2
May 30, 2026
Proposed Summons. (Lee, So Young) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Proposed Summons
#3
May 30, 2026
MOTION for Temporary Restraining Order filed by Chhai Vu. (Lee, So Young) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Temporary Restraining Order
#4
May 30, 2026
Declaration of So Young Lee in Support of 3 MOTION for Temporary Restraining Order filed byChhai Vu. (Related document(s) 3 ) (Lee, So Young) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Declaration in Support
#5
May 30, 2026
Proposed Order re 3 MOTION for Temporary Restraining Order by Chhai Vu. (Lee, So Young) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Proposed Order
#6
May 30, 2026
NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella (Starrett, Michael) (Filed on 5/30/2026) (Entered: 05/30/2026)
#7
May 30, 2026
ORDER GRANTING 3 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Beth Labson Freeman at 4:00 p.m. on 5/30/2026. (blflc1, COURT STAFF) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Order on Motion for TRO
#8
May 30, 2026
MOTION for Reconsideration re 7 Order on Motion for TRO Motion to Dissolve TRO filed by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Travel Document, # 2 Proposed Order)(Starrett, Michael) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Reconsideration
Attachment 1: Exhibit Travel Document
Attachment 2: Proposed Order
#9
May 30, 2026
ORDER RE 8 RESPONDENTS' MOTION TO DISSOLVE TRO. Signed by Judge Beth Labson Freeman on 5/30/2026. (blflc1, COURT STAFF) (Filed on 5/30/2026) (Entered: 05/30/2026)
Main Document: Order
May 30, 2026
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
#10
Jun 01, 2026
Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (dso, COURT STAFF) (Filed on 6/1/2026) (Entered: 06/01/2026)
#11
Jun 01, 2026
Second MOTION for Reconsideration re 7 Order on Motion for TRO Motion to Dissolve TRO filed by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Travel Document, # 2 Proposed Order)(Starrett, Michael) (Filed on 6/1/2026) (Entered: 06/01/2026)
Main Document: Reconsideration
#12
Jun 01, 2026
Summons Issued as to Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, U.S. Attorney and U.S. Attorney General (amf, COURT STAFF) (Filed on 6/1/2026) (Entered: 06/01/2026)
Main Document: Summons Issued as to USA
#13
Jun 01, 2026
STATUS REPORT by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Starrett, Michael) (Filed on 6/1/2026) (Entered: 06/01/2026)
Main Document: Status Report
#14
Jun 01, 2026
ORDER. For the motion to dissolve the TRO, Dkt. No. 11, petitioner Va is directed to file an opposition by 9:00 a.m. on June 2, 2026. The immediate release and status report provisions of the TRO, Dkt. No. 3 at 7-8, are stayed pending further order. The remaining provisions of the TRO remain in effect. Signed by Judge James Donato on 06/01/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 6/1/2026) (Entered: 06/01/2026)
#15
Jun 01, 2026
STATUS REPORT RE: Petitioner's Detention Status by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Starrett, Michael) (Filed on 6/1/2026) (Entered: 06/01/2026)
Main Document: Status Report
Jun 01, 2026
Order
Jun 01, 2026
~Util - Case Assigned by Intake
#16
Jun 02, 2026
Opposition/Response to Motion
Main Document: Opposition/Response to Motion
#17
Jun 02, 2026
ORDER. For the motion to dissolve the TRO, Dkt. No. 11, the government is directed to file by 12:00 p.m. California time on June 5, 2026, a declaration under penalty of perjury demonstrating that the government complied with the informal interview requirement in 8 CFR 241.13(i)(3). In addition to any other facts the government would like the Court to consider, the declaration should state the time and duration of the interview with petitioner Va, what was said during the interview by Va, and why the "oral response" section of the interview report, Dkt. No. 1-1 Exh. D, is blank. The declaration should also state when Va was notified of the reason for revocation of his release, and when a copy of his travel document was provided to him. Signed by Judge James Donato on 06/02/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 6/2/2026) (Entered: 06/02/2026)
Jun 02, 2026
Order
#18
Jun 05, 2026
Declaration of Pedro Carrasco in Support of 11 Second MOTION for Reconsideration re 7 Order on Motion for TRO Motion to Dissolve TRO filed bySergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Related document(s) 11 ) (Starrett, Michael) (Filed on 6/5/2026) (Entered: 06/05/2026)
Main Document: Declaration in Support
#19
Jun 05, 2026
ORDER. The government's request to dissolve the TRO, Dkt. No. 11, is granted. The jurisdiction-stripping provision of the Immigration and Nationality Act, Section 1252(g), does not apply because petitioner Va challenges the manner in which he was re-detained, not the government's discretion to execute his removal order. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 487 (1999) (explaining its narrow reading of Section 1252(g) as a discretion-protecting provision); Ibarra-Perez v. United States, 154 F.4th 989, 996 (9th Cir. 2025) (same). Even so, the TRO must be dissolved because Va has not demonstrated that he is "likely to succeed on the merits." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015) ("The first factor under Winter is the most important -- likely success on the merits."). The Carrasco declaration, Dkt. No. 18, establishes that the government fulfilled its obligations under 8 CFR Section 241.13(i)(3) to notify Va of "the reasons for revocation of his or her release" and provide an "opportunity to respond to the reasons for revocation." § 241.13(i)(3). A question of fairness could be raised about the government's failure to provide the detainee's travel document when he was initially seized, see Dkt. No. 18 at ¶ 6, but the record does not indicate Section 241.13 was violated. Va is unlikely to prevail under Zadvydas v. Davis because the travel document to Cambodia signals a "significant likelihood of removal in the reasonably foreseeable future." Zadvydas v. Davis, 533 U.S. 678, 701 (2001). The parties are directed to jointly propose by June 19, 2026, a briefing schedule on the petition for a writ of habeas corpus. Signed by Judge James Donato on 06/05/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 6/5/2026) (Entered: 06/05/2026)
Jun 05, 2026
Order AND ~Util - Terminate Motions
#20
Jun 17, 2026
Stipulation without Proposed Order
Main Document: Stipulation without Proposed Order
#21
Jun 17, 2026
Certificate/Proof of Service
Main Document: Certificate/Proof of Service
#22
Jul 02, 2026
ORDER. The parties' jointly proposed briefing schedule is approved. Dkt. No. 20. Respondents will file a return to the habeas petition by August 19, 2026, and petitioner will file a traverse by September 2, 2026. Signed by Judge James Donato on 7/2/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 7/2/2026) (Entered: 07/02/2026)
Jul 02, 2026
Order