Eastern District of California • 1:26-cv-05048

(HC) Haryana Naisi v. Andrews

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Case Information

Filed: June 30, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: July 01, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 30, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, Markwayne Mullin, David Venturella by Parveen Haryana Naisi. (Filing fee $ 5, receipt number ACAEDC-13526377) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit)(Kaur, Gurpreet) (Entered: 06/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Parveen Haryana Naisi. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 06/30/2026)
Main Document: Temporary Restraining Order
#3
Jun 30, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 06/30/2026)
Main Document: Immigration New Case Documents
#4
Jul 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 1, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841 (E.D. Cal. Dec. 11, 2025); Eusebio C.H.S. v. Warden of the Golden State Annex, No. 1:26-cv-04389-TLN-AC, 2026 WL 1745831 (E.D. Cal. June 16, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. Petitioner shall be allowed to have counsel present at the hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 8, 2026. Petitioner may file a reply by July 14, 2026. Finally, the Court does not have record of Petitioner's A# to effectively serve a copy of this Order on the detention facility. Therefore, by 12:00 p.m., Petitioner must serve a copy of this Order, along with Petitioner's A#, on the attorney of record for Respondents (if any) and usacae.ecf2241-imm@usdoj.gov. As soon as possible, and no later than close of business TODAY, Respondents must serve a copy of this Order with Petitioner's A# on the Golden State Annex. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/01/2026)
#5
Jul 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Tonya Andrews,Nisreen Fakhouri Assaf for Todd Blanche,Nisreen Fakhouri Assaf for Markwayne Mullin,Nisreen Fakhouri Assaf for David Venturella (Assaf, Nisreen) (Entered: 07/01/2026)
Main Document: DESIGNATION
Jul 01, 2026
Minute Order AND Order on Motion for TRO