Eastern District of California • 1:26-cv-06951
(HC) Saeteurn v. Warden, Golden State Annex
Active
Case Information
Filed: August 31, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 14, 2026
Parties:
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Docket Entries
#1
Aug 31, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Kao Mey Saeteurn. (Attachments: # 1 Brief TRO and PI, # 2 TRO Proposed Order, # 3 PI Proposed Order, # 4 Dec of Counsel and Exhibits, # 5 Efforts Affidavit, # 6 Notice of Motion, # 7 TRO Checklist, # 8 Civil Cover Sheet)(Wang, Chien-Yu) (Entered: 08/31/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Kao Mey Saeteurn. (Attachments: # 1 TRO Proposed Order, # 2 PI Proposed Order, # 3 Declaration and Exhibits, # 4 Efforts Affidavit, # 5 Notice of Motion, # 6 TRO Checklist) (Wang, Chien-Yu) (Entered: 08/31/2026)
Main Document:
Temporary Restraining Order
#3
Aug 31, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/31/2026)
Main Document:
Immigration New Case Documents
#4
Aug 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 31, 2026: This matter is before the Court on Petitioner's Ex Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and its implementing regulations; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Nguyen v. Charles, No. 1:25-CV-01592-TLN-CSK, 2025 WL 3492117, at *3 (E.D. Cal. Dec. 4, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Kao Mey Saeteurn from custody on the same conditions of his prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED from re-detaining Petitioner absent compliance with statutory and constitutional protections, including a minimum of seven-days' pre-deprivation notice and strict compliance with the requirements of 8 C.F.R. §§ 241.13(i), 241.4(l), or a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that material changed circumstances demonstrate (a) a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file a response by September 7, 2026. Petitioner may file a reply by September 14, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. As the Court is unable to facilitate service of this Order to the detention center without Petitioner's A number, counsel for Petitioner shall immediately serve a copy of this Order with Petitioner's A number and all documents filed in this case on Respondents with a copy via to: usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/31/2026)
#5
Aug 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Quinn Disparte, GOVT added for All Respondents. (Disparte, Quinn) Modified on 9/3/2026 (KS). (Entered: 08/31/2026)
Main Document:
DESIGNATION
Aug 31, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13806209. (Wang, Chien-Yu)
Aug 31, 2026
Minute Order AND Order on Motion for TRO
#6
Sep 08, 2026
RESPONSE to 4 ORDER to SHOW CAUSE by Todd Blanche, Marcos Charles, Orestes Cruz, Markwayne Mullin, Warden, Golden State Annex. (Attachments: # 1 Notice of Imminent Removal, file custody review, etc., # 2 Travel Document, # 3 DO Declaration regarding Removal, # 4 Notice of Revocation of OSUP)(Disparte, Quinn) (Entered: 09/08/2026)
Main Document:
RESPONSE
#7
Sep 08, 2026
MOTION to DISSOLVE or MODIFY 4 Temporary Restraining Order by Respondents. (Attachments: # 1 Declaration, # 2 Travel Document, # 3 Notice of Imminent Removal)(Disparte, Quinn) Modified on 9/11/2026 (HAH). (Entered: 09/08/2026)
Main Document:
Miscellaneous Relief
#8
Sep 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on September 8, 2026: The Court has reviewed Respondents' Motion to Dissolve or Modify Temporary Restraining Order. (ECF No. 7 .) Petitioner shall respond to the motion by September 14, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/08/2026)
Sep 08, 2026
Minute Order
#9
Sep 14, 2026
OPPOSITION to 7 Motion to Dissolve or Modify Temporary Restraining Order by Kao Mey Saeteurn. (Attachments: # 1 Declaration of Counsel and Exhibit HH)(Wang, Chien-Yu) Modified on 9/17/2026 (HAH). (Entered: 09/14/2026)
Main Document:
Opposition to Motion
Parties
(HC) Saeteurn
Party
Warden, Golden State Annex
Party