Eastern District of California • 1:26-cv-00826

#1

Jan 30, 2026

PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Orestes Cruz, Todd Lyons, Kristi Noem, Warden, Golden State Annex Detention Facility by Chingis Gariaev. (Filing fee $ 5, receipt number ACAEDC-12837015) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Damast, Sabrina) (Entered: 01/30/2026)

#2

Jan 30, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Chingis Gariaev. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Original Document)(Damast, Sabrina) (Entered: 01/30/2026)

#3

Jan 30, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Chingis Gariaev for attorney Christopher Lee Godshall-Bennett to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12837115) (Attachments: # 1 Original Document) (Damast, Sabrina) (Entered: 01/30/2026)

#4

Jan 30, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Chingis Gariaev for attorney Eric T. Lee to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12837141) (Attachments: # 1 Original Document) (Damast, Sabrina) (Entered: 01/30/2026)

#5

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 CRM) (Entered: 01/30/2026)

#6

Jan 30, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Pamela Bondi,Brittany Gunter for Orestes Cruz,Brittany Gunter for Todd Lyons,Brittany Gunter for Kristi Noem,Brittany Gunter for Warden, Golden State Annex Detention Facility (Gunter, Brittany) (Entered: 01/30/2026)

#7

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)

#8

Feb 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 2, 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 Respondents violated 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. 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). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released 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. Respondents are further 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 February 9, 2026. Petitioner may file a reply by February 12, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed to date in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/02/2026)

#9

Feb 02, 2026

PRO HAC ORDER signed by Chief District Judge Troy L. Nunley on 2/2/26 GRANTING 3 Application for Pro Hac Vice. Added attorney Christopher Godshall-Bennett, PHV for Chingis Gariaev. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk JAW)

#10

Feb 02, 2026

PRO HAC VICE ORDER signed by Chief District Judge Troy L. Nunley on 2/2/26 GRANTING 4 Application for Pro Hac Vice. Added attorney Eric Lee, PHV for Chingis Gariaev. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk JAW)

Feb 02, 2026

Minute Order AND Order on Motion for TRO

#11

Feb 09, 2026

Dismiss

#12

Feb 12, 2026

OPPOSITION to 11 Motion to Dismiss by Chingis Gariaev. (Godshall-Bennett, Christopher) (Entered: 02/12/2026)

#14

Jul 15, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 7/14/2026 DENYING Respondents' 11 Motion to Dismiss and GRANTING 1 the Petition for Writ of Habeas Corpus. Respondents are ENJOINED from re-detaining Petitioner absent compliance wit h constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constituti onally protected interest in remaining free from detention. Zadvydas, 533 U.S. at 690; Hernandez, 872 F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk KLY)

#15

Jul 15, 2026

Judgment