Eastern District of California • 2:26-cv-03371
(HC) Awosanya v. Albarran
Active
Case Information
Filed: September 23, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
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:
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Docket Entries
#1
Sep 23, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella by Kuburat Awosanya. (Filing fee $ 5, receipt number ACAEDC-13921033) (Attachments: # 1 Civil Cover Sheet)(Shamieh, Ghassan) (Entered: 09/23/2026)
Main Document:
PETITION
#2
Sep 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Kuburat Awosanya. (Attachments: # 1 Affidavit, # 2 Points and Authorities, # 3 Proposed Order, # 4 Checklist)(Shamieh, Ghassan) (Entered: 09/23/2026)
Main Document:
MOTION
#3
Sep 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 09/25/2026)
Main Document:
Immigration New Case Documents
#4
Sep 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Sergio Albarran,Joseph Douglas Harman, GOVT for Todd Blanche,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for David Venturella (Harman, Joseph) (Entered: 09/25/2026)
Main Document:
DESIGNATION
#5
Sep 25, 2026
MEMORANDUM by Kuburat Awosanya in SUPPORT of 2 Motion for Temporary Restraining Order. (Shamieh, Ghassan) (Entered: 09/25/2026)
Main Document:
Memorandum in Support of Motion
#6
Sep 25, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on September 25, 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 her 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 her claim that Respondents violated the Fifth Amendment Due Process Clause; (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 Kuburat Adenike Awosanya from custody on the same conditions of her prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with statutory and constitutional protections, including seven-days' 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 such that no alternative to detention can mitigate that risk. 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 responsive papers by October 2, 2026. Petitioner may file a reply by October 9, 2026. 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/25/2026)
#7
Sep 25, 2026
STATUS REPORT by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Harman, Joseph) (Entered: 09/25/2026)
Main Document:
STATUS
Sep 25, 2026
Minute Order AND Order on Motion for TRO
#8
Oct 01, 2026
Extension of Time
Main Document:
Extension of Time
Oct 06, 2026
Minute Order AND Order on Motion for Extension of Time
Oct 06, 2026
Minute Order
#11
Oct 09, 2026
Extension of Time
Main Document:
Extension of Time
Parties
Albarran
Party
(HC) Awosanya
Party