Eastern District of California • 1:26-cv-08823

(HC) Anshul v. Warden of California City Immigration Processing Center

Active

Case Information

Filed: October 26, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 26, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, California City Detention Center, Markwayne Mullin, David Venturella by ANSHUL ANSHUL. (Filing fee $ 5, receipt number ACAEDC-14064612) (Attachments: # 1 Evidence, # 2 Cover)(Kaur, Simranjit) (Entered: 10/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by ANSHUL ANSHUL. (Attachments: # 1 Tro Checklist, # 2 Attorney Dec)(Kaur, Simranjit) (Entered: 10/26/2026)
Main Document: Temporary Restraining Order
#3
Oct 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/26/2026)
Main Document: Immigration New Case Documents
#4
Oct 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/27/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. (See ECF No. 2 .) The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Jagroop S. v. Wofford, No. 1:26-CV-00381-TLN-CKD, 2026 WL 276068, at *4 (E.D. Cal. Feb. 3, 2026); Harpreet S. v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00918-TLN-CSK, 2026 WL 1362549, at *1 (E.D. Cal. May 14, 2026). Here, Petitioner was previously released by the government, acquired no criminal history, complied with the conditions of his release and never received notice of a violation of conditions, thus, no circumstances have changed from his prior release. (ECF No. 2 .) Yet, the government detained Petitioner, while he was complying with the conditions of his release, during a routine ICE check-in. (Id.) Additionally, Petitioner asserts that Respondents did not initiate removal proceedings until 9 days following his detention. (Id.) The Court once again finds that, under the individual circumstances of this case, due process requires Respondents to provide Petitioner a pre-deprivation notice and hearing. Respondents afforded no such notice or opportunity to be heard. Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A # 246-562-585) on the same conditions he was released under prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by November 3, 2026. Petitioner may file a reply by November 10, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve California City with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 10/27/2026)
#5
Oct 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Melanie L. Alsworth, GOVT for Todd Blanche,Melanie L. Alsworth, GOVT for Field Office Director of the San Francisco Immigration and Customs Enforcement,Melanie L. Alsworth, GOVT for Markwayne Mullin,Melanie L. Alsworth, GOVT for David Venturella,Melanie L. Alsworth, GOVT for Warden of California City Immigration Processing Center (Alsworth, GOVT, Melanie) (Entered: 10/27/2026)
Main Document: DESIGNATION
Oct 27, 2026
Minute Order AND Order on Motion for TRO