Eastern District of California • 1:26-cv-05086

(HC) Zateev v. Lynch

Completed

Case Information

Filed: July 02, 2026
Assigned to: Dale Alan Drozd
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: July 08, 2026
Last Activity: July 08, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 02, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Aleksandr Zateev. (Filing fee $ 5, receipt number ACAEDC-13534649) (Attachments: # 1 Civil Cover Sheet)(Jacobson, Regina) Modified on 7/10/2026 (HAH). (Entered: 07/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Aleksandr Zateev. (Attachments: # 1 Declaration # 2 Proposed Order, # 3 TRO Checklist)(Jacobson, Regina) Modified on 7/10/2026 (HAH). (Entered: 07/02/2026)
Main Document: Temporary Restraining Order
#3
Jul 02, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/02/2026)
Main Document: Immigration New Case Documents
#4
Jul 02, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 7/2/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner 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 petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Tuesday, 7/7/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 07/02/2026)
#5
Jul 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Respondents. (Andrews, Anthony) Modified on 7/10/2026 (HAH). (Entered: 07/02/2026)
Main Document: DESIGNATION
Jul 02, 2026
Minute Order
#6
Jul 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Respondents, attorney Anthony Andrews terminated (Rodriguez, Elisa) Modified on 7/10/2026 (HAH). (Entered: 07/04/2026)
Main Document: DESIGNATION
#7
Jul 07, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order by Respondents. (Rodriguez, Elisa) Modified on 7/13/2026 (HAH). (Entered: 07/07/2026)
Main Document: OPPOSITION
#8
Jul 07, 2026
REPLY in support of 2 Motion for Temporary Restraining Order and 1 Petition for Writ of Habeas Corpus by Aleksandr Zateev. (Jacobson, Regina) Modified on 7/13/2026 (HAH). (Entered: 07/07/2026)
Main Document: Reply to Response to Motion
#9
Jul 08, 2026
ORDER signed by District Judge Dale A. Drozd on 7/8/2026 GRANTED INPART Petitioner's petition for writ of habeas corpus 1 as follows: Respondents are ORDERED to immediately release petitioner Alexsandr Zateev, A-File No. 241-684-020, from res pondents' custody on the same Terms and conditions he was subject to prior to his re-detention on or about June 27, 2026; Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, witho ut providing petitioner notice and a pre-deprivation bond hearing before an immigration judge at which hearing the government shall bear the burden of justifying petitioner's detention by clear and convincing evidence that he is a flight risk or a danger to the community; Petitioner's request for attorney's fees and costs is DENIED without prejudice to bringing a properly noticed and supported motion; Petitioner's motion for temporary restraining order 2 is DENIED as h aving been rendered moot by this order granting him habeas relief; The Clerk of the Court is directed to serve a copy of this order on the warden of the Central Valley Annex; and The Clerk of the Court is also directed to ENTER judgment in favor of petitioner and to CLOSE this case. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk LMS)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#10
Jul 08, 2026
JUDGMENT dated *7/8/2026* pursuant to order signed by District Judge Dale A. Drozd on 7/8/2026. (cc: Central Valley Annex) (Deputy Clerk LMS) (Entered: 07/08/2026)
Main Document: Judgment

Parties

(HC) Zateev
Party
Lynch
Party