Eastern District of California • 1:26-cv-08027

(HC) Jean v. Mullin

Active

Case Information

Filed: September 29, 2026
Assigned to: Mary K. Dimke
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 29, 2026
PETITION for WRIT of HABEAS CORPUS by JOSIAL JEAN. Attorney Bautista, Cynthia added. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit EXHIBIT A - D)(Bautista, Cynthia) Modified on 9/29/2026 (SZ). (Entered: 09/29/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#2
Sep 29, 2026
MOTION for TEMPORARY RESTRAINING ORDER by JOSIAL JEAN. (Attachments: # 1 Proposed Order, # 2 TRO CHECKLIST)(Bautista, Cynthia) (Entered: 09/29/2026)
Main Document: Temporary Restraining Order
#3
Sep 29, 2026
CLERK'S NOTICE to Attorney Cynthia Bautista : Advance payment of the filing fee in the amount of $5.00 is required and should be submitted electronically using the event New Case Credit Card Payment. Your case will not be filed until the fee is paid (Local Rule 121c). If you wish to pay with check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents will be deleted from the court's server. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk JPX) (Entered: 09/29/2026)
#4
Sep 29, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 09/29/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#5
Sep 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Moises Becerra,Jonathan Yu, GOVT for Todd Blanche,Jonathan Yu, GOVT for Christopher Chestnut,Jonathan Yu, GOVT for Markwayne Mullin,Jonathan Yu, GOVT for David Venturella (Yu, Jonathan) (Entered: 09/29/2026)
Main Document: DESIGNATION
Sep 29, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13943308. (Bautista, Cynthia)
#6
Sep 30, 2026
MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus, ECF No. 1, and Motion for Temporary Restraining Order ("TRO"), ECF No. 2 . Due to the urgent nature of the requested relief, the Court intends to rule directly on the Petition and will also consider the arguments and exhibits submitted in support of the Motion for TRO. Respondents shall file a response to the Petition by October 6, 2026. The response shall address the statutory and factual bases for Petitioner's current detention, the circumstances of his initial entry and prior release, the circumstances of his return to custody, and the current status of his removal proceedings. Respondents shall specifically address the application of Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026), to Petitioner's detention. Any response must include Petitioner's (A-File # 241-681-043) full and complete Form I-213, any notices to appear, any orders of release or detention, any documents concerning the grant, expiration, or termination of parole, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the issues presented, including available documentation of any alleged violations of the conditions of his prior release. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by October 13, 2026. Pending a ruling on the Petition for Writ of Habeas Corpus, Respondents shall not transfer Petitioner out of this District without prior Court approval. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Signed by District Judge Mary K. Dimke on September 30, 2026. (Deputy Clerk CMV) (Entered: 09/30/2026)
Sep 30, 2026
Minute Order
#8
Oct 06, 2026
Notice of Related Case
Main Document: Notice of Related Case
#10
Oct 09, 2026
Order Reassigning Case
Main Document: Order Reassigning Case
#11
Oct 09, 2026
ORDER signed by District Judge Dale A. Drozd on 10/9/26 GRANTING 1 Petition for Writ of Habeas Corpus as follows: Respondents are ORDERED to IMMEDIATELY RELEASE petitioner Josial Jean, A-File No. 241-681-043, from respondents' custody on t he conditions, if any, he was subject to prior to his re-detention on 7/15/2026; Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detenti on hearing before an immigration judge, at which hearing respondent will bear the burden to demonstrate thatpetitioner is a danger to the community or a flight risk by clear and convincing evidence; DENYING 2 Motion for TRO as having been rendered moot by this order; and the Clerk of the Court is DIRECTED to enter judgment in favor of petitioner and to close this case. CASE CLOSED. (cc California City) (Deputy Clerk JAW)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#12
Oct 09, 2026
Judgment
Main Document: Judgment

Parties

(HC) Jean
Party
Mullin
Party