Eastern District of California • 1:26-cv-05486
(HC) Kulakov v. Wofford
Active
Case Information
Filed: July 15, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 15, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Minga Wofford by Semen Kulakov. (Filing fee $ 5, receipt number ACAEDC-13592717) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 07/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Semen Kulakov. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 07/15/2026)
Main Document:
Temporary Restraining Order
#3
Jul 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk RMG) (Entered: 07/16/2026)
Main Document:
Immigration New Case Documents
#4
Jul 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Todd Blanche,Anthony Andrews for Markwayne Mullin,Anthony Andrews for David Venturella,Anthony Andrews for Minga Wofford (Andrews, Anthony) (Entered: 07/16/2026)
Main Document:
DESIGNATION
#5
Jul 16, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 7/16/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 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 2 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 22, 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 27, 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: 07/16/2026)
Jul 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jul 22, 2026
MOTION to DISMISS by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Minga Wofford. (Andrews, Anthony) (Entered: 07/22/2026)
Main Document:
Dismiss
#7
Jul 28, 2026
REPLY by Semen Kulakov re 6 Motion to Dismiss. (Chan, Connie) (Entered: 07/28/2026)
Main Document:
REPLY
#8
Jul 29, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/29/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied as petitioner fails to establish a likelihood of success on the merits of the claims raised in his motion. Petitioner argues that he is entitled to an individualized bond hearing under 8 U.S.C. § 1226(a). Doc. 2 at 7-12. However, petitioner has received a § 1226(a) bond hearing, at which bond was denied. Doc. 6 at 52-53. At a § 1226(a) bond hearing, "the burden is on the non-citizen to 'establish to the satisfaction of the Immigration Judge... that he or she does not present a danger to persons or property, is not a threat to the national security, and does not pose a risk of flight.'" Hernandez v. Sessions, 872 F.3d 976, 982 (9th Cir. 2017) (citing In re Guerra, 24 I. & N. Dec. 37, 38 (BIA 2006)). To the extent petitioner argues that his detention has become prolonged, he fails to show that he would be entitled to a second bond hearing. See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022) (holding due process did not require a second § 1226(a) bond hearing for a petitioner who had been detained for over fourteen months after his first § 1226(a) bond hearing, when the petitioner did not show constitutional error at his first bond hearing). To the extent petitioner's motion raises issues related to medical care, petitioner has not fully developed such argument in his motion and thus failed to show that he is likely to succeed on the merits of the claim that the alleged inadequate medical care would entitle him to habeas relief. See Pinson v. Carvajal, 69 F.4th 1059, 1069 (9th Cir. 2023); Doe v. Garland, 109 F.4th 1188, 1194 (9th Cir. 2024). This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order AND Order on Motion for TRO
#9
Jul 30, 2026
MINUTE ORDER (Text Only Entry): On July 29, 2026, the court issued an order denying the motion for temporary restraining order. (Doc. 8 .) The court referred the matter to the undersigned for further proceedings. Petitioner and Respondents are directed to advise the court within seven (7) days if they desire to provide additional briefing on the petition. If the parties do not respond, the court will assume no further briefing is desired, and the parties wish to stand on the pleadings already submitted. Minute order signed by Magistrate Judge Frank J. Singer on 7/30/2026. (Deputy Clerk EV) (Entered: 07/30/2026)
Jul 30, 2026
Minute Order
#10
Aug 05, 2026
STATEMENT of Intent to Provide Additional Briefing filed by Petitioner Semen Kulakov re 9 Minute Order,,. (Chan, Connie) (Entered: 08/05/2026)
Main Document:
STATEMENT
#11
Aug 06, 2026
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Frank J. Singer on 8/6/2026: MINUTE ORDER (Text Only Entry): Petitioner desires to provide additional briefing on the petition. (Doc. 10 .) Accordingly, Petitioner is directed to file any supplemental brief within fourteen (14) days. Respondents may file any response within seven (7) days of the filing of Petitioner's supplemental brief. After expiration of these deadlines, the court will issue findings and recommendations on the petition with no further briefing. (Deputy Clerk YV) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order
#12
Aug 19, 2026
MOTION for 14-DAY EXTENSION OF TIME to file supplemental brief re 11 Minute Order,, by Semen Kulakov. (Chan, Connie) (Entered: 08/19/2026)
Main Document:
Extension of Time
#13
Aug 20, 2026
MINUTE ORDER (Text Only): Petitioner's August 19, 2026, motion for extension of time, (Doc. 12 ), is GRANTED. Petitioner is directed to file any supplemental brief on or before September 3, 2026. Respondents may file any response within seven (7) days of the filing of Petitioner's supplemental brief. After expiration of these deadlines, the court will issue findings and recommendations on the petition with no further briefing. Minute order signed by Magistrate Judge Frank J. Singer on 8/20/2026. (Deputy Clerk CLA) (Entered: 08/20/2026)
Aug 20, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#14
Sep 03, 2026
SUPPLEMENT by Semen Kulakov re 13 Minute Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Extension of Time,,. (Attachments: # 1 Exhibit Emergency Visit 6.7.26, # 2 Exhibit Consultation Record, # 3 Exhibit Visit Summary 8.13.26, # 4 Exhibit Visit Summary 8.6.26, # 5 Exhibit Visit Summary 7.30.26, # 6 Exhibit Visit Summary 6.6.26, # 7 Exhibit Medical History)(Chan, Connie) (Entered: 09/03/2026)
Main Document:
SUPPLEMENT
#15
Sep 24, 2026
SUPPLEMENT by Semen Kulakov re 14 Supplement,. (Attachments: # 1 Exhibit Visit Summary for 8.31.26)(Chan, Connie) (Entered: 09/24/2026)
Main Document:
SUPPLEMENT
Parties
(HC) Kulakov
Party
Wofford
Party