Eastern District of California • 1:26-cv-05606
(HC) Tushar v. Warden, California City Detention Center
Completed
Case Information
Filed: July 20, 2026
Assigned to:
Troy Lynne Nunley
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 28, 2026
Last Activity:
September 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Tushar. (Deputy Clerk AKP) (Entered: 07/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Tushar. (Deputy Clerk AKP) (Entered: 07/21/2026)
Main Document:
In Forma Pauperis
#3
Jul 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/21/2026)
Main Document:
Immigration New Case Documents
#4
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Detention Center (Assaf, Nisreen) (Entered: 07/21/2026)
Main Document:
DESIGNATION
Jul 21, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Tushar. (Deputy Clerk AKP)
Jul 21, 2026
Service by Mail
#5
Jul 28, 2026
RELATED CASE ORDER signed by Chief District Judge Troy L. Nunley on 7/22/2026 RELATING cases 1:26-cv-04011-TLN-JDP and 1:26-cv-05606-DJC-CSK. Case 1:26-cv-05606-DJC-CSK REASSIGNED to Chief District Judge Troy L. Nunley and Magistrate Judge Jeremy D. Peterson for all further proceedings. District Judge Daniel J. Calabretta, Magistrate Judge Chi Soo Kim no longer assigned to case. New Case Number: 1:26-cv-05606-TLN-JDP. Case No. 1:26-cv-05606-TLN-JDP is REFERRED to the assigned Magistrate Judge Jeremy D. Peterson for further proceedings. Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents SHALL NOT TRANSFER Petitioner out of this District. (Deputy Clerk KEZ) (Entered: 07/28/2026)
Main Document:
Order Reassigning Case
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 5 Related Case Order served on Tushar. (Deputy Clerk KEZ)
#6
Aug 04, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/4/2026 GRANTING 2 Motion to Proceed IFP and DIRECTING respondent to file a response with any documents necessary for resolving the issues presented in the 1 Petition within 7 days of this order. If respondent files an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondent's answer. If no traverse is filed within 7 days, the petition and answer are DEEEMED submitted. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. (Deputy Clerk AMW) (Entered: 08/04/2026)
#7
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Sean Davis, GOVT added for Warden, California City Detention Center. Attorney Nisreen Fakhouri Assaf terminated. (Davis, Sean) (Entered: 08/04/2026)
Main Document:
DESIGNATION
Aug 04, 2026
SERVICE BY MAIL: 6 Order served on Tushar. (Deputy Clerk AMW)
Aug 04, 2026
Service by Mail
#8
Aug 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Detention Center. Attorney Nisreen Fakhouri Assaf terminated. (Soto-Perez, Gabriel) Modified on 8/11/2026 (HAH). (Entered: 08/10/2026)
Main Document:
DESIGNATION
#9
Aug 10, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus; MOTION to DISMISS by Warden, California City Detention Center. (Attachments: # 1 Exhibit, # 2 Declaration)(Soto-Perez, Gabriel) Modified on 8/11/2026 (HAH). (Entered: 08/10/2026)
Main Document:
Dismiss
#10
Aug 21, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/21/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted. Respondent's 9 Motion to Dismiss be denied. Respondent be ordered to immediately release petitioner (A-Number: 245-134-616) from its custody subject to the previously-imposed conditions of release, if any. Respondent be enjoined and restrained from re-detaining petitioner unless there is a significant likelihood that it will remove petitioner in the reasonably foreseeable future, and it follows all procedures set forth in 8 C.F.R. §§ 241.4(l), 241.13(i), and any other applicable statutory and regulatory procedures. The Clerk be ordered to enter judgment accordingly and close this case. Motion referred to Judge Troy L. Nunley. Objections to F&R due within 7 days. (Deputy Clerk KEZ) (Entered: 08/21/2026)
Aug 21, 2026
SERVICE BY MAIL: 10 Findings and Recommendations served on Tushar. (Deputy Clerk KEZ)
Aug 21, 2026
Service by Mail
#11
Aug 27, 2026
OBJECTIONS to 10 FINDINGS and RECOMMENDATIONS by Respondent Warden, California City Detention Center. (Soto-Perez, Gabriel) (Entered: 08/27/2026)
Main Document:
Objections to Findings and Recommendations
#12
Aug 28, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 08/27/26 ADOPTING 10 Findings and Recommendations in full; GRANTING 1 Petition for Writ of Habeas Corpus; and DENYING 9 Motion to Dismiss. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Tushar (A# 245-134-616) from their custody, subject to the previously-imposed conditions of release, if any, return all of Petitioner's documents and possessions, and file a notice certifying compliance within 2 court days. Respondents are ENJOINED from re-arresting or re-detaining petitioner absent compliance with statutory and constitutional protections, including a minimum of 7-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate evidence that protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention; Petitioner shall be allowed to have counsel present. Clerk to serve California City Detention Facility, enter judgment in favor of Petitioner, and close case (cc: CCDF). CASE CLOSED (Deputy Clerk AJB) (Entered: 08/28/2026)
#13
Aug 28, 2026
JUDGMENT dated *08/28/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 08/27/26. (Deputy Clerk AJB) (Entered: 08/28/2026)
Main Document:
Judgment
Aug 28, 2026
SERVICE BY MAIL: 12 Order Adopting Findings and Recommendations and 13 Judgment served on Tushar. (Deputy Clerk AJB)
Aug 28, 2026
Service by Mail
#14
Aug 29, 2026
NOTICE OF COMPLIANCE re 12 Order Adopting Findings and Recommendations,,,,, Order on Motion to Dismiss,,,,, Findings and Recommendations (Order),,,, by Warden, California City Detention Center. (Soto-Perez, Gabriel) (Entered: 08/29/2026)
Main Document:
Notice of Compliance
Sep 09, 2026
MAIL RETURNED as Undeliverable, Unable to Forward: 12 Order Adopting Findings and Recommendations, 13 Judgment sent to Tushar. Notice of Change of Address due by 10/19/2026. (Deputy Clerk CRN)
Parties
(HC) Tushar
Party
Warden, California City Detention Center
Party