Eastern District of California • 1:26-cv-07220

#1

Sep 08, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Mykhailo Bakun. (Deputy Clerk DAR) (Entered: 09/10/2026)

#2

Sep 08, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Mykhailo Bakun. (Deputy Clerk DAR) (Entered: 09/10/2026)

#3

Sep 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Mykhailo Bakun. (Deputy Clerk DAR) (Entered: 09/10/2026)

#4

Sep 08, 2026

MOTION to APPOINT COUNSEL by Mykhailo Bakun. (Deputy Clerk DAR) (Entered: 09/10/2026)

#5

Sep 10, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/10/2026)

#6

Sep 10, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/10/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 9/14/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 9/28/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/10/2026)

#7

Sep 10, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, Central Valley Annex Detention Facility (Harman, Joseph) (Entered: 09/10/2026)

Sep 10, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Sep 10, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Mykhailo Bakun. (Deputy Clerk DAR)

Sep 10, 2026

Service by Mail

Sep 10, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Mykhailo Bakun. (Text Only Entry) (Deputy Clerk CRS)

#8

Sep 14, 2026

ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Harman, Joseph) Modified on 9/18/2026 (KS). (Entered: 09/14/2026)

#9

Sep 14, 2026

CERTIFICATE / PROOF of SERVICE by Warden, Central Valley Annex Detention Facility re 8 Reply,. (Harman, Joseph) (Entered: 09/14/2026)

#10

Sep 17, 2026

ORDER signed by District Judge Dena M. Coggins on 09/16/2026 GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus and GRANTING the 3 Motion for Temporary Restraining Order. Petitioner Mykhailo Bakun (A# 220-565-494) shall be RELEASED IMMEDIATELY from Respondents' custody with the same conditions he was subject to immediately prior to his detention in April 2026. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card,. etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall file a notice of compliance with this court confirming that Petitioner has been released in accordance with this order. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Petitioner's pending 2 & 4 Motions are DENIED as having been rendered moot by this order. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk KS) (Entered: 09/17/2026)

#11

Sep 17, 2026

JUDGMENT dated *09/17/2026* pursuant to order signed by District Judge Dena M. Coggins on 09/16/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 09/17/2026)

Sep 17, 2026

SERVICE BY MAIL: 10 Order and 11 Judgment served on Mykhailo Bakun. (Deputy Clerk KS)

Sep 17, 2026

Service by Mail

#12

Sep 21, 2026

NOTICE OF COMPLIANCE by Warden, Central Valley Annex Detention Facility. (Harman, Joseph) (Entered: 09/21/2026)

#13

Sep 21, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk VLC) (Entered: 09/24/2026)