Eastern District of California • 1:26-cv-06146
(HC) Asante v. Andrews
Completed
Case Information
Filed: August 03, 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
Completed: August 18, 2026
Last Activity:
September 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 03, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Charles Asante. (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to APPOINT COUNSEL by Charles Asante. (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
Appoint Counsel
#3
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Charles Asante. (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
Temporary Restraining Order
#4
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Charles Asante. (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
In Forma Pauperis
#5
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
Immigration New Case Documents
#6
Aug 04, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Charles Asante signed by Magistrate Judge Frank J. Singer on 08/04/26. (Deputy Clerk LJB) (Entered: 08/04/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#7
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews (Rodriguez, Elisa) (Entered: 08/04/2026)
Main Document:
DESIGNATION
Aug 04, 2026
Service by Mail
Aug 04, 2026
SERVICE BY MAIL: 6 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 5 Immigration New Case Documents served on Charles Asante. (Deputy Clerk LJB)
#8
Aug 05, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 8/05/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The 1 petition appears to raise legal issues that the Court has previously addressed. See e.g., Medvezhov v. Warden, No. 1:26-CV-05918-KES-SAB (HC), 2026 WL 2234501 (E.D. Cal. Aug. 3, 2026). 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). On or before August 7, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Medvezhov v. Warden, No. 1:26-CV-05918-KES-SAB (HC), 2026 WL 2234501 (E.D. Cal. Aug. 3, 2026) and justify denying the petition, or indicate the matter is not substantively distinguishable. 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 VMG) (Entered: 08/05/2026)
Aug 05, 2026
SERVICE BY MAIL: 8 Minute Order served on Charles Asante. (Deputy Clerk VMG)
Aug 05, 2026
Service by Mail
Aug 05, 2026
Minute Order
#9
Aug 07, 2026
OPPOSITION by Respondent Tonya Andrews to 3 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 08/07/2026)
Main Document:
OPPOSITION
#10
Aug 17, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 8/17/2026: (Text Only Entry). The 1 petition for writ of habeas corpus is GRANTED. Respondents concede that petitioner is detained pursuant to 8 U.S.C. § 1226(a) and that petitioner is entitled to a timely bond hearing. See Doc. 9 at 1-2. Respondents are therefore ORDERED to provide petitioner Charles Asante (A-Number: A-130-188-164) with a bond hearing within seven (7) days pursuant to 8 U.S.C. § 1226(a) and its implementing regulations. Respondents shall immediately provide petitioner with a copy of this Order and shall provide him with 72 hours' written notice before the bond hearing. If respondents do not provide petitioner with a bond hearing within seven days, then respondents must release him. The Clerk is directed to terminate any pending motions and close this case. (gm) (Entered: 08/17/2026)
#11
Aug 17, 2026
MOTION to continue the Adjudication of Habeas Corpus by Charles Asante. (Deputy Clerk ED) (Entered: 08/18/2026)
Main Document:
Miscellaneous Relief
Aug 17, 2026
Minute Order
#12
Sep 01, 2026
Enforce Judgment
Main Document:
Enforce Judgment
Sep 09, 2026
Minute Order
Parties
Andrews
Party
(HC) Asante
Party