Eastern District of California • 1:26-cv-05240

#1

Jul 07, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Askat Zharmatov. (Filing fee $ 5, receipt number ACAEDC-13553566) (Attachments: # 1 Exhibit)(Sari, Yakup) Modified on 7/15/2026 (HAH). (Entered: 07/07/2026)

#2

Jul 07, 2026

CIVIL COVER SHEET filed by Askat Zharmatov. (Deputy Clerk VLC) (Entered: 07/08/2026)

#3

Jul 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLC) (Entered: 07/08/2026)

#4

Jul 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 8, 2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/08/2026)

#5

Jul 08, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Respondents. (Davis, Sean) Modified on 7/15/2026 (HAH). (Entered: 07/08/2026)

Jul 08, 2026

Minute Order

#6

Jul 09, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/09/2026. Petitioner, an immigration detainee proceeding through counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents are directed to respond to the petition within 7 days from the date of this order. Respondents shall substantively address whether there are any factual or legal issues that materially distinguish this case from Mohammad S. v. Andrews, No. 1:26-cv-0590 TLN CSK, 2026 WL 480095 (E.D. Cal. Feb. 20, 2026), Lida G.B. v. Albarran, No. 1:25-cv-2061 TLN CKD, 2026 WL 19104 (E.D. Cal. Jan. 3. 2026), and other similar cases previously decided by this court. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and, if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days after being served a copy of respondent's response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/09/2026)

Jul 09, 2026

Minute Order

#7

Jul 16, 2026

OPPOSITION to 1 Petition for Writ of Habeas Corpus by Respondents. (Davis, Sean) Modified on 7/22/2026 (HAH). (Entered: 07/16/2026)

#8

Jul 21, 2026

TRAVERSE/REPLY by Askat Zharmatov. (Sari, Yakup) Modified on 7/27/2026 (KS). (Entered: 07/21/2026)

#9

Jul 24, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/24/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted as follows: Respondents shall immediately release petitioner ASKAT ZHARMATOV, A-241-380-091, with the same conditions he was subject to immediately prior to his detention on 6/27/2026. At the time of release, respondents must return all of petitioner's documents and possessions. Respondents shall not impose any additional restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are enjoined and restrained from re-detaining petitioner unless they provide at least 7 days' written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker. The order does not address the circumstances in which respondents may detain petitioner in the event petitioner becomes subject to an executable final order of removal and petitioner receives notice of that final order of removal. Petitioner's request for attorney's fees and costs be DENIED without prejudice to bringing a properly noticed and supported motion. Within three days of an order adopting these findings and recommendations, respondents be required to file a notice of compliance confirming petitioner's release and that the conditions of his supervision are the same as those to which he was subject prior to his 6/27/2026 detention. The Clerk be directed to enter judgment for petitioner and close this case. Referred to Judge Troy L. Nunley. Objections to F&R due within 3 days. (Deputy Clerk KEZ) (Entered: 07/24/2026)

#10

Jul 27, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 9 by Respondents Tonya Andrews, Todd Blanche, Markwayne Mullin, David J. Venturella. (Davis, Sean) (Entered: 07/27/2026)

#11

Jul 31, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 07/30/2026 ADOPTING the 9 Findings and Recommendations IN FULL and GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents shall IMMEDIATELY RELEASE Petitioner Askat Z., A# 241-380-091, under the same conditions he was subject to immediately prior to his detention on 6/27/2026. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall not impose any additional restriction on Petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with constitutional protections, including a minimum of 7 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 reasonable 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. At any such hearing, Petitioner shall be allowed to have counsel present. Petitioner's request for attorney's fees and costs is DENIED without prejudice to bringing a properly notice and supported motion. By 7/31/2026, Respondents shall file a notice of compliance confirming Petitioner's release and that the conditions of his supervision are the same as those to which he was subject to prior to his 6/27/2026 detention. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS) (Entered: 07/31/2026)

#12

Jul 31, 2026

JUDGMENT dated *07/31/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 07/30/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 07/31/2026)

#13

Jul 31, 2026

STATUS REPORT by All Respondents. (Davis, Sean) Modified on 8/5/2026 (KS). (Entered: 07/31/2026)

#14

Aug 01, 2026

NOTICE OF COMPLIANCE with 11 Order Adopting Findings and Recommendations by All Respondents. (Davis, Sean) Modified on 8/5/2026 (KS). (Entered: 08/01/2026)