Eastern District of California • 1:25-cv-00801

#1

Jul 01, 2025

COMPLAINT Petition for Writ of Habeas Corpus against Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem by Harman Singh. Attorney Bernwanger, Bree added. (Filing fee $ 405, receipt number ACAEDC-12314435) (Attachments: # 1 Exhibit Exhibit 1 to Petition for Writ of Habeas Corpus, # 2 Exhibit Exhibit 2 to Petition for Writ of Habeas Corpus, # 3 Exhibit Exhibit 3 to Petition for Writ of Habeas Corpus, # 4 Exhibit Exhibit 4 to Petition for Writ of Habeas Corpus, # 5 Exhibit Exhibit 5 to Petition for Writ of Habeas Corpus, # 6 Exhibit Exhibit 6 to Petition for Writ of Habeas Corpus, # 7 Civil Cover Sheet)(Bernwanger, Bree) (Entered: 07/01/2025)

#2

Jul 02, 2025

CLERK'S NOTICE to attorney Bree Bernwanger: The correct filing fee for a Petition for Writ of Habeas Corpus is $5.00. The court will be issuing you a refund for the $405.00 that you paid. Please submit a new payment for just the $5.00. We cannot process the petition until the correct fee has been paid. (Deputy Clerk CRM) (Entered: 07/02/2025)

#3

Jul 02, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 8/4/2025. (Deputy Clerk TEL) (Entered: 07/02/2025)

#4

Jul 02, 2025

NOTICE of APPEARANCE by Kelli L. Taylor, GOVT on behalf of Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem. Attorney Taylor, Kelli L. added. (Taylor, Kelli) (Entered: 07/02/2025)

#5

Jul 02, 2025

MOTION for TEMPORARY RESTRAINING ORDER by Harman Singh. Motion Hearing set for 7/3/2025 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: # 1 Points and Authorities Memorandum of Points and Authorities in Support of Petitioner's Ex Parte Motion for Temporary Restraining Order, # 2 Declaration Declaration of Harman Singh, # 3 Declaration Declaration of Bree Bernwanger, # 4 Proposed Order [Proposed] Temporary Restraining Order and Order to Show Cause, # 5 Temporary Restraining Order Checklist)(Bernwanger, Bree) (Entered: 07/02/2025)

#6

Jul 02, 2025

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. (Bernwanger, Bree) (Entered: 07/02/2025)

#7

Jul 02, 2025

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. (Taylor, Kelli) (Entered: 07/02/2025)

#8

Jul 02, 2025

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Kirk E. Sherriff and Magistrate Judge Sheila K. Oberto. The new case number is: 1:25-cv-00801-KES-SKO. (Deputy Clerk CM) (Entered: 07/02/2025)

#9

Jul 02, 2025

RESPONSE by Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem to 5 Temporary Restraining Order,,. (Taylor, Kelli) (Entered: 07/02/2025)

#10

Jul 02, 2025

MINUTE ORDER (Text Only Entry) signed by District Judge Kirk E. Sherriff on 7/2/2025. The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 5 motion for temporary restraining order, and the government's 9 response. The parties are ordered to appear for a hearing on petitioner's 5 motion for temporary restraining order on July 10, 2025, at 9:30 a.m. in Courtroom 6 of the Robert E. Coyle Federal Courthouse. Respondents shall file any opposition by July 8, 2025, at 5:00 p.m. Petitioner may file a reply by July 9, 2025, at 4:00 p.m. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not remove petitioner from the United States nor transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Under the circumstances, the Court finds that this Order is warranted to maintain the status quo pending the hearing and any subsequent order. (Deputy Clerk YV) (Entered: 07/02/2025)

Jul 02, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 02, 2025

PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-12315130. (Bernwanger, Bree)

#11

Jul 08, 2025

Opposition to Motion

#12

Jul 09, 2025

Prisoner New Case Documents for Magistrate Judge as Presider

#13

Jul 09, 2025

REPLY by Harman Singh re 5 Temporary Restraining Order,,. (Bernwanger, Bree) (Entered: 07/09/2025)

#14

Jul 10, 2025

MINUTES (Text Only) for proceedings held before District Judge Kirk E. Sherriff: Motion For Temporary Restraining Order held on 7/10/2025. The 5 Motion was argued and the Court issued a ruling. Written order to follow. For the reasons stated on the record, petitioner's 5 Motion for Temporary Restraining Order was converted to a Motion for Preliminary Injunction and is GRANTED. The government is ordered to immediately release petitioner from custody and, during the pendency of these proceedings, may not re-detain him without a pre-deprivation bond hearing before the San Francisco Immigration Court. Petitioner shall not be detained unless the government demonstrates, by clear and convincing evidence at any such bond hearing, that petitioner is a flight risk or danger to the community such that his physical custody is required. Plaintiffs Counsel Michelle Cho, Bree Bernwanger, Neil Sawhney present. Defendants Counsel Kelli Taylor present. Court Reporter/CD Number: Rachael Lundy. (Deputy Clerk PVY) Modified on 7/10/2025 (PVY). (Entered: 07/10/2025)

Jul 10, 2025

Motion Hearing AND ~Util - 1 Set/Reset Deadlines and Hearings

#15

Jul 11, 2025

ORDER GRANTING PRELIMINARY INJUNCTION signed by District Judge Kirk E. Sherriff on 7/11/2025. (Deputy Clerk VMG) (Entered: 07/11/2025)

#16

Jul 15, 2025

Certificate / Proof of Service

#18

Jul 24, 2025

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/24/2025: (Text Only Entry). As discussed at the July 10, 2025 hearing, the government's response to the 1 petition for writ of habeas corpus shall be filed by August 7, 2025. Petitioner shall file a response to the government's filing by August 28, 2025. The parties may stipulate to a revised briefing schedule (Deputy Clerk VMG) (Entered: 07/24/2025)

Jul 24, 2025

Minute Order

Aug 01, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings