Eastern District of California • 1:26-cv-05405

(HC) Kamil v. Warden of the Central Valley Annex Detention Facility

Active

Case Information

Filed: July 13, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: July 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Central Valley Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Sharaf Mohamed Kamil. (Deputy Clerk OFR) (Entered: 07/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 13, 2026
MOTION to APPOINT COUNSEL by Sharaf Mohamed Kamil. (Deputy Clerk OFR) (Entered: 07/15/2026)
Main Document: Appoint Counsel
#3
Jul 13, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sharaf Mohamed Kamil. (Deputy Clerk OFR) (Entered: 07/15/2026)
Main Document: Temporary Restraining Order
Jul 14, 2026
RECEIPT number 100008852 for $5.00 for Writ of Habeas Corpus from Geo Secure Services LLC fbo Sharaf Mohamed Kamil. (Deputy Clerk OFR)
#4
Jul 15, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk OFR) (Entered: 07/15/2026)
Main Document: Immigration New Case Documents
#5
Jul 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the Central Valley Annex Detention Facility (Yu, Jonathan) (Entered: 07/15/2026)
Main Document: DESIGNATION
#6
Jul 15, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 7/15/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents may file an opposition to the 1 petition by July 21, 2026. Respondent's filing shall include all referenced/relevant portions of petitioner's A-File, in addition to all of the following documents if they were provided to petitioner: (1) Form I-862, Notice to Appear; (2) Form I-213, Record of Deportable/Inadmissible Alien; (3) Form I-286, Notice of Custody Determination; and (4) any warrant. Petitioner may file a reply by July 24, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Deputy Clerk YV) (Entered: 07/15/2026)
Jul 15, 2026
SERVICE BY MAIL: 6 Minute Order, served on Sharaf Mohamed Kamil. (Deputy Clerk YV)
Jul 15, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Sharaf Mohamed Kamil. (Deputy Clerk OFR)
Jul 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 15, 2026
Service by Mail
#8
Jul 29, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/29/2026: (Text Only Entry); The 1 petition for writ of habeas corpus is denied without prejudice. Petitioner argues that he would like an opportunity to question the legality of his detention. See Doc. 1 at 5-7. But he has already received at least one § 1226(a) bond hearing as recently as June 24, 2026, and the immigration judge denied bond after finding that petitioner was a flight risk. See Doc. 7-7. In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Section 1226(a)'s procedures include placing the burden on the detainee to demonstrate that he is not a flight risk or danger. Id. at 1197, 1210 (citing Matter of Guerra, 24 I. & N. Dec. 37, 40 (B.I.A. 2006)). To the extent petitioner seeks a second § 1226(a) bond hearing, that claim also fails in light of Rodriguez Diaz v. Garland. See id. at 1207-14 (9th Cir. 2022) (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). Nor does petitioner challenge the merits of the immigration court's denial of bond. The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Deputy Clerk VMG) (Entered: 07/29/2026)
Jul 29, 2026
SERVICE BY MAIL: 8 Minute Order served on Sharaf Mohamed Kamil. (Deputy Clerk VMG)
Jul 29, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
Jul 29, 2026
Service by Mail