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

#21

Jan 26, 2026

STIPULATION AND JOINT STATUS REPORT re Briefing Schedule by That Xiong. (Cummings, Robert) (Entered: 01/26/2026)

#22

Jan 26, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) (Entered: 01/26/2026)

#23

Jan 29, 2026

RESPONSE to 20 ORDER to SHOW CAUSE by That Xiong. (Cummings, Robert) (Entered: 01/29/2026)

#24

Feb 12, 2026

AUDIO REQUEST by That Xiong for proceedings held on 1/13/2026 before Judge Chi Soo Kim. Court Reporter ECRO Sacramento. (Deputy Clerk JRM) (Main Document 24 replaced on 2/12/2026) (JRM). (Entered: 02/12/2026)

Feb 12, 2026

RECEIPT number 200017057 for $34.00 from Garret Logan Hannickel. (Deputy Clerk LMS)

#26

Mar 04, 2026

Amend the Complaint/Petition

#27

Mar 09, 2026

MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/9/2026: Petitioner's motion to amend to file a First Amended Petition (ECF No. 26) is GRANTED. Petitioner is directed to file the First Amended Petition, reflected docket ECF No. 26 at p.5-31 by 5:00 PM on March 10, 2026. The Court sets the following briefing schedule: (1) By 9:00 a.m. on March 16, 2026, Respondents must file an answer to or a motion to dismiss the First Amended Petition. (2) By 5:00 p.m. on March 13, 2026, Petitioner must file his opposition to a motion to dismiss or may file an optional reply/traverse to an answer. (3) By 5:00 p.m. on March 18, 2026, Respondents may file their optional reply to an opposition to a motion to dismiss. (Text Only Entry) (Deputy Clerk AW) (Entered: 03/09/2026)

#28

Mar 09, 2026

Amended Complaint

Mar 09, 2026

Minute Order AND Order on Motion to Amend the Complaint AND ~Util - 1 Set/Reset Deadlines and Hearings

#29

Mar 11, 2026

MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/11/2026: The March 9, 2026 minute order (ECF No. 27) is amended as follows: (1) By 5:00 p.m. on March 16, 2026, Respondents must file an answer to or a motion to dismiss the First Amended Petition. (2) By 5:00 p.m. on March 19, 2026, Petitioner must file his opposition to a motion to dismiss or may file an optional reply/traverse to an answer. (3) By 5:00 p.m. on March 24, 2026, Respondents may file their optional reply to an opposition to a motion to dismiss. (Text Only Entry) (Deputy Clerk AW) (Entered: 03/11/2026)

Mar 11, 2026

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

#30

Mar 16, 2026

STIPULATION and PROPOSED ORDER for Extension of Time to File Motion to Dismiss re 29 Minute Order by Minga Wofford. (Sanchez, Kimberly) Modified on 3/17/2026 (KLY). (Entered: 03/16/2026)

#31

Mar 16, 2026

Miscellaneous Relief

#32

Mar 16, 2026

Dismiss

#33

Mar 17, 2026

MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/17/2026: Having reviewed the parties' stipulation and requested order, IT IS HEREBY ORDERED that the parties' stipulation (ECF No. 30) is approved. Respondent is granted until 11:59 p.m. on March 16, 2026, in which to file a motion to dismiss or answer to petitioner's first amended petition. All other deadlines remain in place. (Text Only Entry) (Deputy Clerk AW) (Entered: 03/17/2026)

Mar 17, 2026

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

#34

Mar 18, 2026

Reply to Response to Motion

#35

Mar 19, 2026

MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/19/2026: On March 16, 2026, respondents filed a motion to lift the December 26, 2025 stay enjoining petitioner's transfer out of district (ECF No. 6) because petitioner has received travel documents from Laos and is subject to a final order of removal. (ECF No. 31.) Respondents state that petitioner is now scheduled to be removed to Laos on or about March 25, 2026, but ICE will be unable to remove petitioner due to the December 26, 2025 stay. (Id. at 1.) Respondents contend that pursuant to 8 U.S.C. § 1252(g), this Court no longer has jurisdiction over petitioner's claims, and that execution of final removal orders moots the facts of the pending habeas petition. (Id.) The district court's December 26, 2025 Order was not an order that prohibited removal of the petitioner from the country. (See ECF No. 6.) The order was limited to prohibiting respondents from transferring petitioner out of this judicial district to another judicial district as such a transfer would remove this district court's jurisdiction over the habeas petition, which must be brought in the judicial district in which the petitioner is in custody. The Court clarifies that the December 26, 2025 Order does not prohibit or restrict respondents from removing petitioner from the country. Where briefing is still open on the first amended petition's merits, the Court declines to address respondents' argument in their motion to lift the stay regarding the Court's present jurisdiction over petitioner's claims and whether the habeas petition is moot. Accordingly, IT IS HEREBY ORDERED that Respondents' motion to lift the stay (ECF No. 31) is GRANTED as follows. The Court clarifies that the December 26, 2025 Order does not prohibit or restrict respondents from removing petitioner from the country. The December 26, 2025 Order is limited to prohibiting respondents from transferring petitioner out of this judicial district to another judicial district. (Text Only Entry) (Deputy Clerk AW) (Entered: 03/19/2026)

#36

Mar 19, 2026

Temporary Restraining Order

Mar 19, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#37

Mar 20, 2026

MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 3/20/2026: Respondents' opposition to Plaintiff's motion for a temporary restraining order (ECF No. 36 ) must be filed by 5:00pm on March 20, 2026. Respondents may also submit on their motion to dismiss/ response to the amended petition previously filed. (Deputy Clerk RAA) (Entered: 03/20/2026)

#38

Mar 20, 2026

Opposition to Motion

#39

Mar 20, 2026

Reply to Response to Motion

Mar 20, 2026

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

#40

Mar 21, 2026

[DISREGARD SEE ECF NO. 42] MINUTE ORDER: Pending before the Court is Petitioner's second motion for a temporary restraining order filed on March 19, 2026 (ECF No. 36). On March 20, 2026, Respondent filed an opposition and Petitioner filed his reply (ECF Nos. 38, 39). Neither party requested a hearing, and the Court submits the motion on the briefing. Petitioner challenges his third country removal to Laos, which is scheduled for March 25, 2026, without adequate due process. Petitioner was provided with the opportunity to raise his fear-based claim of removal to Laos in an interview on February 12, 2026 (ECF Nos. 32-1, 32-2). Despite repeated requests for the government's reasonable fear determination, Petitioner was inexplicably not provided with the determination until March 9, 2026 (see ECF No. 32 at 2). Petitioner was found not to have demonstrated a reasonable fear of removal to Laos (ECF No. 32-1). Based on an analysis under the factors in Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008), the Court GRANTS IN PART Petitioner's motion for a temporary restraining order as follows: Respondent must provide Petitioner with the opportunity to seek reopening of his immigration proceedings to challenge his third-country removal or seek stay of removal. See Viengkhone S. v. Albarran, 2025 WL 3521302, at *10 (E.D. Cal. Dec. 8, 2025), opinion clarified sub nom. Sikeo v. Albarran, 2026 WL 603740 (E.D. Cal. Mar. 4, 2026); A.A.M. v. Andrews, 2025 WL 3485219, at *12 (E.D. Cal. Dec. 4, 2025). Other district courts that have granted temporary restraining orders or preliminary injunctions raising third country removal claims have required that if the noncitizen is found not to have a reasonable fear of removal to the third country, the noncitizen be provided with a minimum of 15 days to seek reopening to challenge his third-country removal. See Viengkhone S., 2025 WL 3521302, at *10; A.A.M., 2025 WL 3485219, at *12. Because 15 days from Petitioner's receipt of the reasonable fear determination falls on a Saturday, March 21, 2026, while Petitioner's motion for a temporary restraining order is pending, the Court provides two additional days until March 23, 2026. Therefore, Respondent is enjoined from removing Petitioner to Laos until at least March 23, 2026 so that Petitioner has been provided with the opportunity to seek reopening to challenge his third-country removal or to seek stay of removal. Petitioner is ordered to file a status report by March 24, 2026. IT IS SO ORDERED. (Deputy Clerk KC) Modified on 3/23/2026 (AW). (Entered: 03/21/2026)

#41

Mar 21, 2026

[DISREGARD SEE ECF NO. 42] MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 3/21/2026: Pending before the Court is Petitioner's second motion for a temporary restraining order filed on March 19, 2026 (ECF No. 36). On March 20, 2026, Respondent filed an opposition and Petitioner filed his reply (ECF Nos. 38, 39). Neither party requested a hearing, and the Court submits the motion on the briefing. Petitioner challenges his third country removal to Laos, which is scheduled for March 25, 2026, without adequate due process. Petitioner was provided with the opportunity to raise his fear-based claim of removal to Laos in an interview on February 12, 2026 (ECF Nos. 32-1, 32-2). Despite repeated requests for the government's reasonable fear determination, Petitioner was inexplicably not provided with the determination until March 9, 2026 (see ECF No. 32 at 2). Petitioner was found not to have demonstrated a reasonable fear of removal to Laos (ECF No. 32-1). Based on an analysis under the factors in Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008), the Court GRANTS IN PART Petitioner's motion for a temporary restraining order as follows: Respondent must provide Petitioner with the opportunity to seek reopening of his immigration proceedings to challenge his third-country removal or seek stay of removal. See Viengkhone S. v. Albarran, 2025 WL 3521302, at *10 (E.D. Cal. Dec. 8, 2025), opinion clarified sub nom. Sikeo v. Albarran, 2026 WL 603740 (E.D. Cal. Mar. 4, 2026); A.A.M. v. Andrews, 2025 WL 3485219, at *12 (E.D. Cal. Dec. 4, 2025). Other district courts that have granted temporary restraining orders or preliminary injunctions raising third country removal claims have required that if the noncitizen is found not to have a reasonable fear of removal to the third country, the noncitizen be provided with a minimum of 15 days to seek reopening to challenge his third-country removal. See Viengkhone S., 2025 WL 3521302, at *10; A.A.M., 2025 WL 3485219, at *12. Because 15 days from Petitioner's receipt of the reasonable fear determination falls on a Saturday, March 21, 2026, while Petitioner's motion for a temporary restraining order is pending, the Court provides two additional days until March 23, 2026. Therefore, Respondent is enjoined from removing Petitioner to Laos until at least March 23, 2026 so that Petitioner has been provided with the opportunity to seek reopening to challenge his third-country removal or to seek stay of removal. Petitioner is ordered to file a status report by March 24, 2026. IT IS SO ORDERED. Modified on 3/23/2026 (AW). (Entered: 03/21/2026)

Mar 21, 2026

Minute Order

#42

Mar 22, 2026

MINUTE ORDER signed by Magistrate Judge Chi Soo Kim on 3/22/2026: The Court issues the following MODIFIED ORDER CORRECTING the 15 day calculation in its March 21, 2026 order on Petitioner's second motion for a temporary restraining order (ECF No. 36). ***Pending before the Court is Petitioner's second motion for a temporary restraining order filed on March 19, 2026 (ECF No. 36). On March 20, 2026, Respondent filed an opposition and Petitioner filed his reply (ECF Nos. 38, 39). Neither party requested a hearing, and the Court submits the motion on the briefing. Petitioner challenges his third country removal to Laos, which is scheduled for March 25, 2026, without adequate due process. Petitioner was provided with the opportunity to raise his fear-based claim of removal to Laos in an interview on February 12, 2026 (ECF Nos. 32-1, 32-2). Despite repeated requests for the government's reasonable fear determination, Petitioner was inexplicably not provided with the determination until March 9, 2026 (see ECF No. 32 at 2). Petitioner was found not to have demonstrated a reasonable fear of removal to Laos (ECF No. 32-1). Based on an analysis under the factors in Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008), the Court GRANTS IN PART Petitioner's motion for a temporary restraining order as follows: Respondent must provide Petitioner with the opportunity to seek reopening of his immigration proceedings to challenge his third-country removal or seek stay of removal. See Viengkhone S. v. Albarran, 2025 WL 3521302, at *10 (E.D. Cal. Dec. 8, 2025), opinion clarified sub nom. Sikeo v. Albarran, 2026 WL 603740 (E.D. Cal. Mar. 4, 2026); A.A.M. v. Andrews, 2025 WL 3485219, at *12 (E.D. Cal. Dec. 4, 2025). Other district courts that have granted temporary restraining orders or preliminary injunctions raising third country removal claims have required that if the noncitizen is found not to have a reasonable fear of removal to the third country, the noncitizen be provided with a minimum of 15 days to seek reopening to challenge his third-country removal. See Viengkhone S., 2025 WL 3521302, at *10; A.A.M., 2025 WL 3485219, at *12. Therefore, Respondent is enjoined from removing Petitioner to Laos until at least March 25, 2026 so that Petitioner has been provided with 15 days to seek reopening to challenge his third-country removal or to seek stay of removal. Petitioner is ordered to file a status report by March 24, 2026. IT IS SO ORDERED. (Deputy Clerk KC) (Entered: 03/22/2026)

Mar 22, 2026

Minute Order

Mar 27, 2026

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

#47

Apr 09, 2026

Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

#48

Apr 09, 2026

Judgment

Apr 09, 2026

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