Northern District of California • 3:26-cv-10917
Lasaphangthong v. Albarran
Active
Case Information
Filed: September 24, 2026
Assigned to:
James Donato
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 24, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22511104.). Filed by Sakhone Lasaphangthong. (Attachments: # 1 Declaration of Kelsey Morales with Exhibits)(Morales, Kelsey) (Filed on 9/24/2026) (Entered: 09/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 25, 2026
Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (pjf, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)
#3
Sep 25, 2026
NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd Blanche, Markwayne Mullin, David J. Venturella (Starrett, Michael) (Filed on 9/25/2026) (Entered: 09/25/2026)
#4
Sep 25, 2026
MOTION for Temporary Restraining Order filed by Sakhone Lasaphangthong. (Attachments: # 1 Declaration of Kelsey Morales with Exhibits, # 2 Proposed Order)(Morales, Kelsey) (Filed on 9/25/2026) (Entered: 09/25/2026)
Main Document:
Temporary Restraining Order
#5
Sep 25, 2026
OPPOSITION/RESPONSE (re 4 MOTION for Temporary Restraining Order ) filed bySergio Albarran, Todd Blanche, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Exhibit)(Starrett, Michael) (Filed on 9/25/2026) (Entered: 09/25/2026)
Main Document:
Opposition/Response to Motion
Sep 25, 2026
~Util - Case Assigned by Intake
Sep 25, 2026
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
#6
Sep 28, 2026
ORDER. Petitioner Lasaphangthong's request for a TRO, Dkt. No. 4, is denied. The jurisdiction-stripping provision of the Immigration and Nationality Act, Section 1252(g), does not apply because Lasaphangthong challenges the manner in which he was re-detained, not the government's discretion to execute his removal order. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 487 (1999) (explaining its narrow reading of Section 1252(g) as a discretion-protecting provision); Ibarra-Perez v. United States, 154 F.4th 989, 996 (9th Cir. 2025) (same). Even so, the TRO must be denied because Lasaphangthong has not demonstrated that he is "likely to succeed on the merits." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015) ("The first factor under Winter is the most important -- likely success on the merits."). The government has fulfilled its obligations under 8 CFR Section 241.13(i)(3) to notify Lasaphangthong of "the reasons for revocation of his or her release" and provide an "opportunity to respond to the reasons for revocation." § 241.13(i)(3). A question of fairness could be raised about the government's failure to provide Lasaphangthong's travel document when he was initially seized, see Dkt. No. 1-1 ¶ 15, but the record does not indicate Section 241.13 was violated. Lasaphangthong is unlikely to prevail under Zadvydas v. Davis because the travel document to Laos signals a "significant likelihood of removal in the reasonably foreseeable future." Zadvydas v. Davis, 533 U.S. 678, 701 (2001). The parties are directed to jointly propose by October 13, 2026, a briefing schedule on the petition for a writ of habeas corpus. Signed by Judge James Donato on 9/28/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 9/28/2026) (Entered: 09/28/2026)
Sep 28, 2026
Order AND ~Util - Terminate Motions
#7
Oct 01, 2026
STIPULATION WITH PROPOSED ORDER re Joint Briefing Schedule filed by Sakhone Lasaphangthong. (Morales, Kelsey) (Filed on 10/1/2026) (Entered: 10/01/2026)
Main Document:
Stipulation and Proposed Order
#8
Oct 08, 2026
Order on Stipulation
Main Document:
Order on Stipulation
#9
Oct 09, 2026
Response to Habeas Petition
Main Document:
Response to Habeas Petition
Parties
Albarran
Party
Lasaphangthong
Party