Eastern District of California • 1:25-cv-01644

(HC) Gholami v. Chestnut

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Case Information

Filed: November 25, 2025
Assigned to: Dale Alan Drozd
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 30, 2026
Parties: View All Parties →

Docket Entries

#1
Nov 25, 2025
PETITION for WRIT of HABEAS CORPUS against All Defendants by Ali Reza Gholami, Jawad Gholami. (Filing fee $ 5, receipt number ACAEDC-12625205) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A Parole Documents)(McGoldrick, Brian) (Entered: 11/25/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Nov 25, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 12/29/2025. (Attachments: # 1 Order re Consent) (Deputy Clerk JPX) (Entered: 11/25/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Nov 28, 2025
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. (McGoldrick, Brian) (Entered: 11/28/2025)
Main Document: CONSENT/DECLINE
#4
Dec 04, 2025
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 12/4/2025: On 11/25/2025, petitioner filed a 1 petition for writ of habeas corpus. Petitioner's prayer for relief includes a request that the court order respondents to show cause within three days of the date of entry of that order why the 1 petition should not be granted. (Doc. No. 1 at 23 .) If petitioner seeks emergency relief, petitioner is DIRECTED to file a motion for temporary restraining order. (Deputy Clerk PAB) (Entered: 12/04/2025)
Dec 04, 2025
Minute Order
#5
Dec 09, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Ali Reza Gholami, Jawad Gholami. (Attachments: # 1 Points and Authorities, # 2 Proposed Order, # 3 Checklist)(McGoldrick, Brian) (Entered: 12/09/2025)
Main Document: Temporary Restraining Order
#6
Dec 10, 2025
MINUTE ORDER signed by District Judge Dale A. Drozd on 12/10/2025: Pending the issuance of the court's order resolving the pending 5 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioners from the United States or to move petitioners out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioners' pending 5 motion for temporary restraining order. Further, no later than today, 12/10/2025, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, by e-mail to the United States Attorney's Office for the Eastern District of California; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 5 motion for temporary restraining order by 5:00 PM on Thursday, 12/11/2025. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Text Only Entry). (Deputy Clerk JRW) (Entered: 12/10/2025)
#7
Dec 10, 2025
CERTIFICATE / PROOF of SERVICE by Ali Reza Gholami, Jawad Gholami re 6 Minute Order,,,,,,,,. (McGoldrick, Brian) (Entered: 12/10/2025)
Main Document: Certificate / Proof of Service
Dec 10, 2025
Minute Order
#8
Dec 11, 2025
OPPOSITION by Respondents to 5 Temporary Restraining Order. Attorney Tubesing, Robin added. (Tubesing, Robin) Modified on 12/12/2025 (KLY). (Entered: 12/11/2025)
Main Document: Opposition to Motion
#9
Dec 16, 2025
ORDER signed by District Judge Dale A. Drozd on 12/16/25 GRANTING IN PART AND DENYING IN PART 5 Motion for TRO as follows: Respondents are ORDERED to immediately release petitioners from respondents' custody on the same conditions of releas e that they were subject to immediately prior to their detention on 09/08/25. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioners for any purpose, absent exigent circumstances, without providing petitioners written notice and a pre- detention hearing before a neutral adjudicator. Under the circumstances of this case, petitioners will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are DIRECTED to meet and confer, and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than 14 days from the date of the entry of this Order. (Deputy Clerk KML)
Main Document: Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Dec 29, 2025
STIPULATION to a Briefing Schedule by All Respondents. (Tubesing, Robin) Modified on 1/8/2026 (HAH). (Entered: 12/29/2025)
Main Document: STIPULATION
Mar 19, 2026
Minute Order
Mar 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Sep 30, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Ila C. Deiss on 9/29/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted as to Petitioners' due process claims and that the terms of 9 Temporary Restraining Order be made permanent. Referred to District Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)
Main Document: Findings and Recommendations