Eastern District of California • 1:26-cv-04828
(HC) Behzad v. Albarran
Active
Case Information
Filed: June 24, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 12, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22095488.). Filed by Pejman Mojtaba Behzad. (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
Main Document:
PETITION
#2
Jun 12, 2026
MOTION for Temporary Restraining Order filed by Pejman Mojtaba Behzad. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit)(Yasrebi, Arash) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
Main Document:
MOTION
#3
Jun 12, 2026
Case assigned to Judge Araceli Martinez-Olguin. 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. (as, COURT STAFF) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
#4
Jun 12, 2026
Proposed Summons. (Attachments: # 1 Proposed Order)(Yasrebi, Arash) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
Main Document:
Proposed
#5
Jun 12, 2026
ORDER TO SHOW CAUSE. Signed by Judge Araceli Martinez-Olguin on June 12, 2026. (amolc1, COURTSTAFF) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
Main Document:
ORDER
#6
Jun 12, 2026
CERTIFICATE OF SERVICE by Pejman Mojtaba Behzad re 5 Order to Show Cause (Yasrebi, Arash) (Filed on 6/12/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/12/2026)
Main Document:
CERTIFICATE
#7
Jun 15, 2026
NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin (Starrett, Michael) (Filed on 6/15/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/15/2026)
#8
Jun 15, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin . Traverse due by 6/16/2026. (Attachments: # 1 Exhibit)(Starrett, Michael) (Filed on 6/15/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/15/2026)
Main Document:
RESPONSE
#9
Jun 16, 2026
Traverse re 5 Order to Show Cause, 8 Response to Order to Show Cause by Pejman Mojtaba Behzad. (Yasrebi, Arash) (Filed on 6/16/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/16/2026)
Main Document:
Traverse
#10
Jun 17, 2026
Summons Issued as to Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (hdj, COURT STAFF) (Filed on 6/17/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/17/2026)
Main Document:
Summons
#11
Jun 17, 2026
ORDER TRANSFERRING CASE. Signed by Judge Araceli Martinez-Olguin on 6/17/2026. (jlg, COURT STAFF) (Filed on 6/17/2026) [Transferred from cand on 6/24/2026.] (Entered: 06/17/2026)
Main Document:
ORDER
Jun 23, 2026
Emailed ECF to Transfer Case to USDC-Eastern California. (hdj, COURT STAFF) (Filed on 6/23/2026) [Transferred from cand on 6/24/2026.]
#12
Jun 24, 2026
CASE TRANSFERRED IN from District of California Northern; Case Number 4:26-cv-05707. (Entered: 06/24/2026)
Main Document:
Case Transferred In - District Transfer
#13
Jun 24, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 06/24/2026)
Main Document:
Immigration New Case Documents
#14
Jun 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Sergio Albarran,Camilo Rodriguez, GOVT for Todd Blanche,Camilo Rodriguez, GOVT for Todd M. Lyons,Camilo Rodriguez, GOVT for Markwayne Mullin (Rodriguez, Camilo) (Entered: 06/24/2026)
Main Document:
DESIGNATION
Jul 01, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#18
Jul 06, 2026
REPLY by Pejman Mojtaba Behzad re 17 Opposition. (Yasrebi, Arash) (Entered: 07/06/2026)
Main Document:
REPLY
#19
Jul 07, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/7/2026: In Petitioner's 2 Motion for a Temporary Restraining Order, Petitioner argues that he is improperly subjected to mandatory detention under 8 U.S.C. § 1226(b)(2)(A), and that he is both statutorily and constitutionally entitled to a pre-deprivation bond hearing before the Government may revoke his previous release. In Respondents' 17 Opposition, they argue that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(D) because he has engaged in terrorist activity. Specifically, Respondents emphasize that on 6/12/2026, after his initial release from immigration detention, Petitioner appeared for an [17-1] interview with U.S. Citizenship and Immigration Services ("USCIS") where he conceded that he was previously a member of Mojahedin E Khalgh ("MEK"), that he served as a mechanic for that organization from 2000-2014, and that he received military training in that capacity. Under 8 U.S.C. § 1226(c)(1)(D), immigration detention is mandatory for noncitizens who are inadmissible under 8 U.S.C. § 1182(a)(3)(B). That section makes inadmissible any noncitizen who, as relevant here, "has engaged in a terrorist activity" or "has received military-type training... from or on behalf of any organization that, at the time the training was received, was a terrorist organization." 8 U.S.C. § 1182(a)(3)(B)(i)(I), (VIII). The Supreme Court has determined that mandatory detention without a bond hearing under § 1226(c) passes constitutional muster. Demore v. Kim, 538 U.S. 510 (2003). In his 18 Reply, Petitioner argues that he is not subject to mandatory detention under § 1226(c) because the evidence submitted by Respondents is not sufficiently authenticated to be credible, because his service as a mechanic does not constitute "material" support of a terrorist organization, and because the Secretary of State revoked MEK's designation as a Foreign Terrorist Organization in 2012, twelve years after Petitioner became a member. As to the authentication of Respondents' documentation, any evidentiary issues for documentation at the preliminary injunction stage go to weight rather than admissibility. Am. Hotel & Lodging Ass'n v. City of Los Angeles, 119 F. Supp. 3d 1177, 1185 (C.D. Cal. 2015). Other than questioning whether the immigration officer who interviewed Petitioner is the same officer who signed the interview summary, Petitioner does not contest the veracity of any information contained in the interview summary. Petitioner's remaining arguments relating to whether Petitioner is properly detained under § 1226(c) must be raised in a Joseph hearing before an Immigration Judge before Petitioner may seek habeas relief. Ronil R.C. v. Warden, Golden State Annex Detention Center, No. 1:26-cv-03612-MWJS, 2026 WL 1505926, at *1 n.2 (citing Demore, 538 U.S. at 514). There is no evidence before the court that Petitioner has challenged his detention under § 1226(c) before an Immigration Judge. Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
Parties
Albarran
Party
(HC) Behzad
Party