Eastern District of California • 1:26-cv-08177

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Oct 05, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of Mesa Verde Detention Facility by Ilya Kachkov. (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 05, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Ilya Kachkov. (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 05, 2026

MOTION to APPOINT COUNSEL by Ilya Kachkov. (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 05, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Ilya Kachkov. (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 06, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Ilya Kachkov signed by District Judge Mary K Dimke on 10/06/2026. (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/06/2026)

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Oct 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden of Mesa Verde Detention Facility (Andrews, Anthony) (Entered: 10/06/2026)

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Oct 06, 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. 4 . 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 materials submitted in support of the Motion for TRO. Respondents shall file a response to the Petition by October 13, 2026. The response shall address the statutory and factual bases for Petitioner's current detention, the circumstances of his initial entry and prior releases from immigration custody, his return to immigration custody on September 24, 2026, and the current status of his removal proceedings. Respondents shall identify whether Petitioner is subject to a final order of removal and whether they rely on 8 U.S.C. § 1226(c), 18 U.S.C. § 1231, or another provision as authority for his detention. The response shall also address the basis and terms of Petitioner's prior release on supervision, any revocation of that release and the procedures afforded to Petitioner, and any materially changed circumstances concerning his dangerousness or risk of flight. If Respondents rely on a final order of removal, they shall address Petitioner's assertion that his removal is not reasonably foreseeable. Respondents shall specifically address whether Petitioner is a member of the class or subclass provisionally certified in Garro Pinchi v. Noem, 813 F.Supp.3d 973 (N.D. Cal. 2025), and the applicability of the December 19, 2025, order staying agency action, including any subsequent modification of that order. If Respondents contend that Petitioner is a class member, they shall explain how his detention complies with the applicable order. To the extent Respondents rely on 8 U.S.C. § 1225(b)(2), they shall address the applicability of Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. 2026), to Petitioner's detention. Any response must include Petitioner's (A-File # 024-612-901) full and complete Form I-213, any notices to appear, immigration detainers, orders of removal, orders of release or detention, orders of supervision, custody warrants or notices, documents concerning revocation of release, and any other portions of Petitioner's A-File relevant to the issues presented. Respondents shall also provide any criminal records relied upon to justify Petitioner's detention and any documents concerning efforts to obtain travel documents or secure his removal. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by October 20, 2026. Petitioner's Motion for Appointment of Counsel, ECF No. 3, is DENIED without prejudice. His submissions adequately identify the factual and legal bases for his claims. Considering his ability to present his claims in light of their complexity, the Court finds that the interests of justice do not require appointment at this stage. See 18 U.S.C. § 3006A(a)(2)(B). 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 Visiting Judge Mary K Dimke on October 6, 2026. (Deputy Clerk CMV) (Entered: 10/06/2026)

Oct 06, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Ilya Kachkov. (Deputy Clerk SZ)

Oct 06, 2026

Service by Mail

Oct 06, 2026

SERVICE BY MAIL: 8 Minute Order served on Ilya Kachkov. (Deputy Clerk CMV)

Oct 06, 2026

Minute Order AND Order on Motion to Appoint Counsel