Eastern District of California • 1:25-cv-02004

#1

Dec 26, 2025

PETITION for WRIT of HABEAS CORPUS against all Respondents by That Xiong. (Filing fee $ 5, receipt number ACAEDC-12703396) (Attachments: # 1 Civil Cover Sheet) (Cummings, Robert) (Entered: 12/26/2025)

#2

Dec 26, 2025

MOTION for TEMPORARY RESTRAINING ORDER by That Xiong. (Cummings, Robert) (Entered: 12/26/2025)

#3

Dec 26, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 1/29/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 12/26/2025)

#4

Dec 26, 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. (Cummings, Robert) Modified on 12/26/2025 (JJD). (Entered: 12/26/2025)

#5

Dec 26, 2025

CLERK'S NOTICE: Counsel lists petitioner's name as "That Xiong" and "Xiong That" on different documents submitted to the court. Confirmed with Counsel that petitioner's first name is "That" and last name is "Xiong". (TEXT ONLY ENTRY) (Deputy Clerk JJD) (Entered: 12/26/2025)

#6

Dec 26, 2025

MINUTE ORDER signed by Chief District Judge Troy L. Nunley on 12/26/2025: The Court has reviewed Petitioner's 2 Motion for Temporary Restraining Order (TRO). Respondents shall file any opposition to Petitioner's Motion for TRO within 5 court days of the date of this Order. Petitioner may file a reply, if any, within 3 court days of the date of Respondents' opposition. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction, and whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, Respondents shall not transfer Petitioner out of this District. 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."). TODAY, Petitioner's counsel shall serve a copy of this minute order and all documents filed in this case to date on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk JJD) (Entered: 12/26/2025)

Dec 26, 2025

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

#7

Dec 29, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Kimberly A. Sanchez for Moises Becerra,Kimberly A. Sanchez for Pamela Bondi,Kimberly A. Sanchez for Kristi Noem,Kimberly A. Sanchez for Minga Wofford (Sanchez, Kimberly) (Entered: 12/29/2025)

#8

Dec 29, 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. (Sanchez, Kimberly) (Entered: 12/29/2025)

#9

Dec 29, 2025

Consent Order Reassigning Case to Magistrate Judge AND ~Util - 1 Terminate Deadlines and Hearings

#10

Dec 29, 2025

MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 12/29/2025: The briefing schedule set on 12/26/2025 remains in place (ECF No. 6). With Respondents opposition, Respondents are ORDERED to file copies of all portions of Petitioner's A-File and other supporting documents referenced in or related to Respondents opposition, including copies of all orders of release, documents related to any relevant violations of release, and all detention orders. The parties are reminded to indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction without additional briefing. The matter is not set for a hearing though the Court may set one should it later determine that a hearing is necessary. IT IS SO ORDERED. (Text Only Entry) (Deputy Clerk AW) (Entered: 12/29/2025)

Dec 29, 2025

Minute Order

#11

Jan 06, 2026

Opposition to Motion

#12

Jan 07, 2026

Reply to Response to Motion

#13

Jan 09, 2026

MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 1/9/2026: The parties were ordered to indicate in their briefing whether they are amenable to converting Petitioners motion for temporary restraining order into a motion for preliminary injunction without additional briefing. (12/29/2025 Minute Order (ECF No. 10 ) The government indicated that the motion can be converted without additional briefing, but Petitioner has not provided the required information in his reply (see ECF No. 12 ).The Court schedules a hearing on Petitioners motion for temporary restraining order (ECF No. 2 ) for Tuesday 1/13/2026 at 9:30 a.m. by Zoom, and Zoom instructions will be provided separately. At the hearing, petitioner must inform the Court whether his motion can be converted into a motion for preliminary injunction without additional briefing and should also be prepared to address the legal authority cited in Petitioners briefing. For example, Petitioner cites to the following cases in his reply on p.2 that the Court is not able to locate and appear to be hallucinated citations: Phan v. Barr, No. 1:19-cv-01451, 2019 WL 7758773 (E.D. Cal. Dec. 20, 2019); Flores v. Barr, No. 1:20-cv-00491, 2020 WL 1939565 (E.D. Cal. Apr. 22, 2020). In addition, a law student is listed on Petitioners filings with Petitioners counsel, but it is unclear whether all the requirements of Local Rule 181 for Certified Students have been satisfied as the required Certified Student designation is missing. If the law student intends to appear at the hearing or continue to be listed on future filings, Petitioners counsel must ensure that all the requirements of Local Rule 181 have been satisfied.(Text Only Entry) (Deputy Clerk AW) (Entered: 01/09/2026)

Jan 09, 2026

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

#14

Jan 11, 2026

MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 1/11/2026: Various portions of Respondents exhibits submitted with its opposition are redacted (ECF Nos. [11-1] and [11-4]), for what appears to be PII information and information related to Petitioners state court criminal case. See L.R. 140. By 5:00 p.m. on 1/12/2026, Respondent is ordered to submit an unredacted version of its entire filing at ECF Nos. 11-1 and 11-4, following the same pagination order as the filing at ECF Nos. 11-1 and 11-4, to (1) the Court by e-mail to cskorders@caed.uscourts.gov and (2) Petitioners counsel. To the extent Respondent believes that certain information that has been redacted cannot be disclosed (e.g., if certain information from Respondents criminal case documents has been sealed by the state court), Respondent must file a formal motion to seal. See L.R. 140, 141.(Deputy Clerk KC) (Entered: 01/11/2026)

Jan 11, 2026

Minute Order

#15

Jan 12, 2026

ASSOCIATION of ATTORNEY. Attorney Audrey Benison Hemesath, GOVT added for All Respondents. (Hemesath, Audrey) Modified on 1/13/2026 (KS). (Entered: 01/12/2026)

#16

Jan 12, 2026

Notice (Other)

#17

Jan 13, 2026

STATUS REPORT by All Respondents. (Sanchez, Kimberly) Modified on 1/14/2026 (KS). (Entered: 01/13/2026)

#18

Jan 13, 2026

MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Chi Soo Kim: MOTION HEARING as to Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) held on 1/13/2026. Petitioner's counsel Robert Cummings and Respondent's counsel Audrey Hemesath present. The Court advised counsel regarding the requirements of Local Rule 181 for certified law students. The Court addressed hallucinated cases found in petitioner's reply brief. The Court required petitioner's counsel to order the transcript for today's proceedings and provide this transcript to the law student on petitioner's filings and to any staff who assists petitioner's counsel and require for the law student and any staff to read the transcript. Within two months of todays hearing, Petitioners counsel is ordered to confirm in writing by email to the Courtroom Deputy that (1) the transcript from todays hearing was provided to the law student listed on Petitioners filings and to any staff who assist Petitioners counsel, and (2) the law student and staff read the hearing transcript. The Government requested that petitioners counsel review other petitions filed by petitioner's counsel for similar issues, and petitioner's counsel confirmed that he would do so and would bring those issues to the district court's attention.The government is ordered to submit a Supplemental Status Report limited to 5 pages by 5:00 p.m. on 1/14/2026 regarding whether an informal interview was conducted of Petitioner as provided in the Notice of Revocation of Release at ECF No. 11-4 at 48 attached to the governments opposition at Exh. 14. If and only if any argument or new information (e.g., Petitioner was not provided with an informal interview despite statements in the governments opposition that one was provided) is presented in the governments Supplemental Status Report, Petitioner will be provided with an opportunity to respond within 3 calendar days (by 5:00 p.m. on 1/17/2026). Written order to issue. Court Reporter: VCCR. (Deputy Clerk AW) (Entered: 01/13/2026)

Jan 13, 2026

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

#19

Jan 14, 2026

SUPPLEMENTAL STATUS REPORT by All Respondents. (Attachments: # 1 Exhibit) (Sanchez, Kimberly) Modified on 1/16/2026 (KS). (Entered: 01/14/2026)

#20

Jan 22, 2026

Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Parties