Eastern District of California • 1:26-cv-05225

(HC) Khadka v. Mullin

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Case Information

Filed: July 07, 2026
Assigned to: Jennifer L. Thurston
Referred to: Christopher D. Baker
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
Jul 07, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Yamraj Khadka. (Filing fee $ 5, receipt number ACAEDC-13549826) (Attachments: # 1 Civil Cover Sheet)(Ramnaney, Nikhil) (Entered: 07/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yamraj Khadka. (Attachments: # 1 Declaration DECLARATION OF NIKHIL RAMNANEY ISO TEMPORARY RESTRAINING ORDER, # 2 Declaration DECLARATION OF YAMRAJ KHADKA'S ISO TEMPORARY RESTRAINING ORDER, # 3 Proposed Order [PROPOSED] ORDER GRANTING PETITIONERS EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE- PRELIMINARY INJUNCTION)(Ramnaney, Nikhil) (Entered: 07/07/2026)
Main Document: Temporary Restraining Order
#3
Jul 07, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/07/2026)
Main Document: Immigration New Case Documents
#4
Jul 07, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-390-205) asserts that he has been detained since early 2025 (Doc. 2 at 4). He was presented for a bond hearing on April 20, 2026, but the IJ found a lack of jurisdiction and did not proceed with a substantive hearing. Id. at 5. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on July 7, 2026. (Deputy Clerk IM) (Entered: 07/07/2026)
Jul 07, 2026
Order on Motion for TRO
#5
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Executive Office of Immigration Review,Jonathan Williams, GOVT for Nancy Gonzalez,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (Entered: 07/08/2026)
Main Document: DESIGNATION
#6
Jul 08, 2026
MINUTE ORDER (Text Only Entry): The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). The pleadings appear to raise factual and legal issues that this Court has resolved in other cases by finding that a petitioner may not be continuously detained where an immigration judge has granted withholding of removal and the government does not rebut a showing of no significant likelihood of removal to a third country in the reasonably foreseeable future. See, e.g., Hoang v. Chestnut, et al., No. 1:26-cv-04023-JLT-CDB, 2026 WL 1875880 (E.D. Cal. June 30, 2026) (recommending grant of petition), adopted by 2026 WL 1965614 (E.D. Cal. July 7, 2026).Accordingly, pursuant to 28 U.S.C. § 2243, no later than 7/20/2026, Respondents are ORDERED TO SHOW CAUSE in writing as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior order in the case listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-file and other supporting documents, including notices to appear, orders of immigration judges, and documents related to withholding and third country removal. Petitioner may file a reply no later than 7/30/2026. Minute Order signed by Magistrate Judge Christopher D. Baker on 7/8/2026. (Deputy Clerk OR) (Entered: 07/08/2026)
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings