Completed
Case Information
Filed: January 30, 2026
Assigned to:
Dale Alan Drozd
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:
September 28, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 30, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Shengsheng Chen. (Filing fee $ 5, receipt number ACAEDC-12833785) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Order) (Gahra, Manpreet) (Entered: 01/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Shengsheng Chen. (Attachments: # 1 Proposed Order, # 2 Memorandum) (Gahra, Manpreet) (Entered: 01/30/2026)
Main Document:
Temporary Restraining Order
#3
Jan 30, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/5/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 01/30/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Joshua Banister, GOVT added for All Respondents. (Banister, Joshua) Modified on 2/4/2026 (KS). (Entered: 01/30/2026)
Main Document:
DESIGNATION
#5
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. (Anonymous) (Entered: 01/30/2026)
Main Document:
CONSENT/DECLINE
#6
Jan 30, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/30/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 2/2/2026. In that opposition, respondents shall substantively address the impact of the court's decision in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025) on this action, in particular whether petitioner is a member of the "Bond Eligible Class" certified in that order. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 01/30/2026)
Jan 30, 2026
Minute Order
#7
Feb 02, 2026
MOTION to DISMISS by All Respondents. (Banister, Joshua) Modified on 2/6/2026 (KS). (Entered: 02/02/2026)
Main Document:
MOTION
#8
Feb 02, 2026
[DISREGARD - Filed in Wrong Case] AMENDED MOTION to DISMISS by All Respondents. (Banister, Joshua) Modified on 2/6/2026 (KS). (Entered: 02/02/2026)
Main Document:
[DISREGARD
#9
Feb 03, 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: 02/03/2026)
Main Document:
CONSENT/DECLINE
#10
Feb 03, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/3/2026: On 1/30/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 .) That same day, the court set a briefing schedule and ordered respondents to "substantively address the impact of the court's decision in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025) on this action, in particular whether petitioner is a member of the 'Bond Eligible Class' certified in that order." (Doc. No. 6.) In respondents' opposition (Doc. No. 7 ) to petitioner's motion for a temporary restraining order (Doc. No. 2 ), respondents fail to address the impact of the court's decision in Bautista. The court interprets respondents' failure to address the impact of the court's decision in Bautista as a concession that petitioner is a member of the "Bond Eligible Class." Accordingly, pursuant to this court's reasoning in Rangel v. Noem, et al., No. 1:26-cv-00084-DAD-CSK, (E.D. Cal. Jan. 9, 2026) regarding Bautista, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED in part, and the court ORDERS the following: (1) respondents are ORDERED to provide petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within seven (7) days of the date of entry of this order; and (2) petitioner's request for a temporary restraining order requiring respondents to immediately release him from confinement is DENIED without prejudice to its renewal if appropriate. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 02/03/2026)
Feb 03, 2026
Minute Order AND Order on Motion for TRO
#11
Mar 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Shengsheng Chen. (Gahra, Manpreet) (Entered: 03/10/2026)
Main Document:
Temporary Restraining Order
#12
Mar 10, 2026
ORDER to SHOW CAUSE signed by District Judge Dale A. Drozd on 3/10/2026 DIRECTING Respondents to SHOW CAUSE in writing by by 3/12/2026 at 5:00 pm: 1) petitioner and petitioner's counsel were not provided notice of the 2/9/2026 bond hearing ordered by this court; 2) why the immigration judge found in the 2/25/2026 order that petitioner was not a member of the Bautista class despite this court's order finding that he was; and 3) why respondents did not disclose to this court that petitioner was "apprehended at the border" if that be the case. (Deputy Clerk JJD) (Entered: 03/10/2026)
#13
Mar 12, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem to 12 Order to Show Cause,,. (Banister, Joshua) (Entered: 03/12/2026)
Main Document:
RESPONSE
#14
Mar 16, 2026
ORDER signed by District Judge Dale A. Drozd on 3/16/2026 DISCHARGING the 12 Order to Show Cause and GRANTING petitioner's 11 motion for temporary restraining order. Respondents are ORDERED to IMMEDIATELY RELEASE petitioner from respondents' custody on the same conditions he was subject to immediately prior to his 12/18/2025 re-detention. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden of demonstrating a change in circumstances justifying petitioner's re-detention. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk KLY) (Entered: 03/16/2026)
#15
Mar 31, 2026
RESPONSE to 14 Order by Respondents. (Banister, Joshua) Modified on 4/13/2026 (HAH). (Entered: 03/31/2026)
Main Document:
RESPONSE
#16
Mar 31, 2026
STATUS REPORT by Shengsheng Chen. (Gahra, Manpreet) (Entered: 03/31/2026)
Main Document:
STATUS
#17
Sep 28, 2026
ORDER signed by District Judge Dale A. Drozd on 9/28/2026 GRANTING 1 Petition for Writ of Habeas Corpus; DENYING Respondent's 7 Opposition, docketed as a Motion to Dismiss. The Clerk to ENTER judgment in favor of petitioner. CASE CLOSED. (Deputy Clerk KEZ) (Entered: 09/28/2026)
#18
Sep 28, 2026
JUDGMENT dated *9/28/2026* pursuant to order signed by District Judge Dale A. Drozd on 9/28/2026 in favor of Petitioner. (Deputy Clerk KEZ) (Entered: 09/28/2026)
Main Document:
Judgment
Parties
Albarran
Party
(HC) Chen
Party