Completed
Case Information
Filed: January 16, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 28, 2026
Last Activity:
October 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against respondents by Kon Bagat. (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 16, 2026
MOTION to APPOINT COUNSEL by Kon Bagat. (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document:
Appoint Counsel
#3
Jan 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 01/20/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Jan 20, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 01/20/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Given Petitioner's request for an order that Respondents "immediately release" Petitioner from their custody (id. at 19), the Court construes the Petition as a Motion for Temporary Restraining Order as well. Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before January 26, 2026. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. [TEXT ONLY ORDER] (Deputy Clerk CRN) (Entered: 01/20/2026)
#5
Jan 20, 2026
CLERK'S NOTICE: 1 Petition for Writ of Habeas Corpus, 4 Minute Order served electronically in the United States Attorney at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk GJM) (Entered: 01/20/2026)
Jan 20, 2026
SERVICE BY MAIL: 5 Clerk's Notice served on Kon Bagat. (Deputy Clerk GJM)
Jan 20, 2026
SERVICE BY MAIL: 4 Minute Order, served on Kon Bagat. (Deputy Clerk CRN)
Jan 20, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Kon Bagat. (Deputy Clerk VLK)
Jan 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 20, 2026
RECEIPT number 100006977 for $5.00 for filing fee from Kon Bagat. (Deputy Clerk VLK)
Jan 20, 2026
Service by Mail
#6
Jan 26, 2026
MOTION TO DISMISS the 1 Petition for Writ of Habeas Corpus by Respondents. Attorney Campbell, Charles added. (Attachments: # 1 Declaration of S. Olson, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Campbell, Charles) Modified on 1/27/2026 (KLY). (Entered: 01/26/2026)
Main Document:
Dismiss
#7
Jan 30, 2026
ORDER signed by District Judge Daniel J. Calabretta on 1/29/2026 GRANTING Motion for Preliminary Injunction 1 . Respondents are ordered to immediately release Kon Bagat from their custody. Respondents shall not impose additional restrictions on her than were already present prior to Petitioner's current detention, unless they are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re- arresting or re-detaining Petitioner absent a showing to the Court that there is a change in circumstances to warrant Petitioner's re-detention. This matter is referred to the assigned Magistrate Judge for all further pretrial proceedings, see L.R. 302(c)(17), with the exception of any motion to modify the terms of this Order. (Deputy Clerk LMS) (Entered: 01/30/2026)
#8
Jan 30, 2026
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. (Deputy Clerk RRB) (Entered: 02/03/2026)
Main Document:
CONSENT/DECLINE
Jan 30, 2026
Service by Mail
Jan 30, 2026
SERVICE BY MAIL: 7 Order, served on Kon Bagat. (Deputy Clerk LMS)
Feb 09, 2026
MAIL RETURNED as Not deliverable as addressed, Unable to forward: 7 Order sent to Kon Bagat. Notice of Change of Address due by 3/19/2026. (Deputy Clerk JAW)
#9
Feb 10, 2026
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. (Anonymous) (Entered: 02/10/2026)
Main Document:
CONSENT/DECLINE
#10
Sep 16, 2026
ORDER & FINDINGS & RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/16/2026 DENYING petitioner's 2 motion for appointment of counsel as moot and RECOMMENDING that: Petitioner's 1 petition for writ of habeas corpus be GRANTED on his constitutional claims under Ground 2 and his regulatory and constitutional claims re the revocation of his release under Ground 4; If the petition is granted, as recommended herein, the court dismiss without prejudice the remaining claims in the § 2241 petition in the interests of judicial economy; Respondents be PERMANENTLY ENJOINED AND RESTRAINED from Seeking to revoke petitioner's supervision to re-detain him unless and until they comply with all procedures set forth in 8 C.F.R. § 241.13(i), any other applicable statutes and regulations, and constitutional requirements; Removing petitioner to a third country unless respondents adhere to the following procedures: Provide petitioner a meaningful opportunity and a minimum of 10 days to raise a fear-based claim for protection prior to removal; If petitioner demonstrates reasonable fear of removal to the third country, respondents must reopen petitioner's removal proceedings; and If petitioner is not found to have demonstrates a reasonable fear of removal to the third country, respondents must provide a meaningful opportunity and a minimum of fifteen days for petitioner to seek reopening of his immigration proceedings. Referred to Judge Daniel J. Calabretta. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk RRB) (Entered: 09/16/2026)
Sep 16, 2026
Service by Mail
Sep 16, 2026
SERVICE BY MAIL: 10 Order served on Kon Bagat. (Deputy Clerk RRB)
#11
Sep 18, 2026
AMENDED ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/17/2026 DENYING 2 Motion to Appoint Counsel and RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted on constitutional claims under Ground 2 and the regulatory and constitutional claims regarding the revocation of release under Ground 4, and if the petition is granted it is RECOMMENDED the court dismiss without prejudice the remaining claims in the § 2241 petition in the interests of judicial economy and respondents be permanently enjoined and restrained from seeking to revoke petitioner's supervision to re-detain or removing petitioner to a third country. It is FURTHER RECOMMENDED the 6 Motion to Dismiss be denied and the court be directed to enter judgment for petitioner and close this case. Referred to Judge Daniel J. Calabretta. Objections to these Findings and Recommendations due within 3 days. (Deputy Clerk AMW) Modified on 9/18/2026 (AMW). (Entered: 09/18/2026)
Sep 18, 2026
SERVICE BY MAIL: 11 Order and Findings and Recommendation served on Kon Bagat. (Deputy Clerk AMW)
Sep 18, 2026
Service by Mail
#12
Sep 28, 2026
MOTION to RE-DETAIN by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Campbell, Charles) Modified on 10/5/2026 (KS). (Entered: 09/28/2026)
Main Document:
Miscellaneous Relief
#13
Sep 28, 2026
CERTIFICATE of SERVICE re 12 Motion to Re-Detain by All Respondents. (Campbell, Charles) Modified on 10/5/2026 (KS). (Entered: 09/28/2026)
Main Document:
Certificate / Proof of Service
#14
Sep 28, 2026
ORDER signed by District Judge Daniel J. Calabretta on 09/25/26 ADOPTING 11 Findings and Recommendations, as amended IN FULL. Petitioner's 1 petition for writ of habeas corpus is GRANTED on his constitutional claims under Ground 2 and his regulatory and constitutional claims regarding revocation of his release under Ground 4. All remaining claims in the § 2241 petition are DISMISSED WITHOUTPREJUDICE in the interests of judicial economy. Respondents are ENJOINED AND RESTRAINED from: Seeking to revoke petitioner's supervision to re-detain petitioner unless and until they comply with all procedures set forth in 8 C.F.R. §241.13(i), any other applicable statutes and regulations, and constitutional requirements. Removing petitioner to a third country unless respondents adhere tothe following procedures:Provide petitioner a meaningful opportunity and a minimum of 10 days to raise a fear-based claim for protection prior to removal; If petitioner demonstrates a reasonable fear of removal to the third country, respondents must reopen petitioner's removal proceedings; and If petitioner is not found to have demonstrated a reasonable fear of removal to the third country, respondents must provide a meaningful opportunity and a minimum of fifteen days for petitioner to seek reopening of his immigration proceedings. DENYING 6 Motion to Dismiss. The Clerk of the Court is directed to enter judgment for petitioner. CASE CLOSED. (Deputy Clerk KML) (Entered: 09/28/2026)
#15
Sep 28, 2026
JUDGMENT dated *09/28/26* pursuant to order signed by District Judge Daniel J. Calabretta on 09/25/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 09/28/2026)
Main Document:
Judgment
Sep 28, 2026
SERVICE BY MAIL: 14 Order 15 Judgment served on Kon Bagat. (Deputy Clerk KML)
Sep 28, 2026
Service by Mail
Sep 30, 2026
MAIL RETURNED as Undeliverable, Released: 11 Order sent to Kon Bagat. Notice of Change of Address due by 11/9/2026. (Deputy Clerk VLK)
Oct 06, 2026
MAIL RETURNED as Undeliverable, No such number, unable to forward, released: 14 Order Adopting Findings and Recommendations and 15 Judgment sent to Kon Bagat. (Deputy Clerk DAR)
Parties
Andrews
Party
(HC) Bagat
Party