Completed
Case Information
Filed: July 11, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 31, 2026
Last Activity:
August 31, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 11, 2026
PETITION for WRIT of HABEAS CORPUS against UNITED STATES ATTORNEY GENERAL, ICE ERO San Francisco Field Office Director, Secretary of U.S. Department of Homeland Security (DHS), Warden California City Immigration Processing Center by Harmanjot Singh. (Filing fee $ 5, receipt number ACAEDC-13572122) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Original Document)(Joshi, Tanvir) (Entered: 07/11/2026)
Main Document:
PETITION
#2
Jul 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Harmanjot Singh. (Joshi, Tanvir) (Entered: 07/11/2026)
Main Document:
MOTION
#3
Jul 13, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/13/2026)
Main Document:
Immigration New Case Documents
#4
Jul 13, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Field Office Director,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for Warden (Rodriguez, Elisa) (Entered: 07/13/2026)
Main Document:
DESIGNATION
#5
Jul 13, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/13/2026: The court has reviewed Petitioner's 1 Petition for a Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 7/13/2026. Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for a Temporary Restraining Order by 12:00 PM on 7/15/2026. Petitioner may file a Reply by 12:00 PM on 7/16/2026. This matter is not set for a hearing, though the court may schedule one if it determines it is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 07/13/2026)
Jul 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jul 15, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus and All 2 Injunctive Relief by Respondents. (Rodriguez, Elisa) Modified on 7/16/2026 (KLY). (Entered: 07/15/2026)
Main Document:
OPPOSITION
#7
Jul 15, 2026
SUPPLEMENT by Todd Blanche, Field Office Director, Markwayne Mullin, Warden re 6 Opposition. (Rodriguez, Elisa) (Entered: 07/15/2026)
Main Document:
SUPPLEMENT
#8
Jul 16, 2026
REPLY by Harmanjot Singh to 6 Opposition. (Joshi, Tanvir) Modified on 7/17/2026 (KLY). (Entered: 07/16/2026)
Main Document:
REPLY
#9
Jul 17, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/17/2026: In Petitioner's 2 Motion for a Temporary Restraining Order, Petitioner argues that the bond hearing he received on 5/29/2026 was constitutionally inadequate. In Respondents' 6 Opposition, Respondents emphasize that Petitioner was detained by immigration authorities because of Petitioner's encounters with law enforcement. Respondents attach Petitioner's RAP sheet and criminal records showing a history of charges across Utah and California. The court has found that where the government presents non-pretextual reasons to detain a noncitizen in circumstances similar to those here, the proper remedy for the government's failure to provide a pre-deprivation bond hearing is a post-deprivation bond hearing, not immediate release. See, e.g., Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026); Chateauneuf v. Chestnut, No. 1:26-cv-01073-DC-JDP, 2026 WL 523695 (E.D. Cal. Feb. 25, 2026). Petitioner was provided a bond hearing on 5/29/2026, following which the immigration judge issued an 6 order denying bond based on a lack of jurisdiction, or in the alternative, denying bond based on a finding that Petitioner's "release would pose an unacceptable risk of danger to other persons or property." The immigration judge considered Petitioner's "extensive record of criminal history dating as far back as 2019," including his most recent charges including aggravated kidnapping, sexual assault, object rape, forcible sodomy, and forcible sexual abuse. The immigration judge also emphasized that Petitioner has "serious" criminal charges still pending in California, including shoplifting related to organized retail theft, grand theft, and receiving stolen property. The immigration judge's order reflects that Petitioner has already been afforded the relief he is entitled to by his 2 Motion for a Temporary Restraining Order, i.e., a bond hearing. Further, the immigration judge's order indicates that Petitioner reserved his right to appeal that determination, and that his appeal period expired on 6/29/2026, twelve days before Petitioner filed the 1 Habeas Petition initiating this matter. Thus, Petitioner has already received the statutory and constitutional process he is entitled to. To the extent Petitioner challenges the immigration judge's determination, he must do so in an appeal to the Board of Immigration Appeals before seeking habeas relief in this court. See Loba L.M. v. Andrews, No. 1:25-cv-00611-JLT-SAB, 2026 WL 710307, at *8 (E.D. Cal. Mar. 13, 2026) ("Petitioner challenges the sufficiency of the evidence supporting the immigration judge's bond determination rather than the constitutionality of the process by which that determination was reached... Complaints about the conclusion the IJ reached must be presented through the normal immigration appeal process.") Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his continued detention violates his constitutional or statutory rights and his 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 JRW) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order AND Order on Motion for TRO
#10
Jul 27, 2026
FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 7/27/2026: After petitioner initiated this action, the court denied his motion for a temporary restraining order, noting that "where the government presents non-pretextual reasons to detain a noncitizen in circumstances similar to those here, the proper remedy... is a post-deprivation bond hearing...." (ECF No. 9 .) Because petitioner already received a bond hearing in immigration court, where bond was denied based on an assessment that he presents a danger, the court held that petitioner "has already been afforded the relief he is entitled to by [the motion for temporary restraining order.]" (Id.) Still pending is petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 1.) After considering the parties' filings, and for the reasons stated by the court in ECF No. 9, I RECOMMEND the following: (1) the petition for writ of habeas corpus (ECF No. 1 ) be DENIED; and (2) the Clerk of Court be ordered to enter judgment accordingly and close this case.These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 07/27/2026)
Jul 27, 2026
Findings and Recommendations
#11
Aug 31, 2026
ORDER signed by District Judge Dena M. Coggins on 8/30/2026 ADOPTING 10 The Findings and Recommendations. The petition for writ of habeas corpus, 1, is DENIED; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Deputy Clerk LMS) Modified on 8/31/2026 (LMS). (Entered: 08/31/2026)
#12
Aug 31, 2026
JUDGMENT dated *8/31/2026* pursuant to order signed by District Judge Dena M. Coggins on 8/30/2026. (Deputy Clerk LMS) (Entered: 08/31/2026)
Main Document:
Judgment
Parties
(HC) Singh
Party
Warden
Party