Eastern District of California • 1:26-cv-01257
(HC) Kumar v. Albarran
Active
Case Information
Filed: February 12, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 12, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Lyons, Sergio Albarran, Pamela Bondi, Christopher Chestnut, Kristi Noem by Chetak Kumar. (Filing fee $ 5, receipt number ACAEDC-12899597) (Attachments: # 1 EVIDENCE, # 2 COVER SHEET)(Kaur, Simranjit) (Entered: 02/12/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 12, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Chetak Kumar. (Attachments: # 1 CHECKLIST, # 2 EVIDENCE, # 3 ATTORNEY)(Kaur, Simranjit) (Entered: 02/12/2026)
Main Document:
Temporary Restraining Order
#3
Feb 12, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/19/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk WAK) (Entered: 02/12/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 12, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Sergio Albarran,Cody S. Chapple for Pamela Bondi,Cody S. Chapple for Christopher Chestnut,Cody S. Chapple for Todd Lyons,Cody S. Chapple for Kristi Noem (Chapple, Cody) (Entered: 02/12/2026)
Main Document:
DESIGNATION
#5
Feb 12, 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: 02/12/2026)
Main Document:
CONSENT/DECLINE
#6
Feb 12, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/12/2026: 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 Friday, 2/13/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, et al., No. 1:25-cv-01540-DAD-CSK, 2026 WL 269240 (E.D. Cal. Feb. 2, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. 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: 02/12/2026)
Feb 12, 2026
Minute Order
#7
Feb 13, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#8
Feb 17, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/17/2026: (Text Only Entry); GRANTING 2 Motion for TRO. On 2/12/2026, petitioner filed a motion for a temporary restraining order (Doc. No. 2 ). That same day, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish this case from the circumstances addressed in this court's recent decisions in Perez v. Albarran, et al., No. 1:25-cv-01540-DAD-CSK, 2026 WL 269240 (E.D. Cal. Feb. 2, 2026), where the court concluded that due process required a pre-detention hearing to protect the petitioner's liberty interest in his continued release. Petitioner entered the United States on 12/17/2023, was detained shortly thereafter, and released on 12/18/2023 with a notice to appear for removal proceedings. (Doc. Nos. 1 at 2; [1-1] at 4.) Petitioner was re-detained on 12/15/2025 without notice of the reason for his re-detention or a hearing. (Doc. No. 1 at 3.) On 2/13/2026, respondents filed their opposition (Doc. No. 7 ) to petitioner's motion. Respondents concede therein that they "are unaware of any substantively distinguishable facts between this case and the cases listed by this Court in its minute order at this time." (Doc. No. 7 at 1.) Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Doc. No. 7 at 2.) Still, respondents oppose petitioner's motion, citing Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026). (Id.) The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. See Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP, 2026 WL 392389 (Feb. 12, 2026). The court incorporates that reasoning here. Accordingly, pursuant to the court's reasoning as stated in Perez, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his 12/15/2025 re-detention; (2) 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 to demonstrate 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 petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Sean C. Riordan for further proceedings. (Deputy Clerk CAL) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND Order on Motion for TRO
#9
Jun 22, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 6/22/2026: In light of the referral of petitioner's § 2241 petition that is pending before the Court, the parties are directed to submit any additional briefs on the merits, or any stipulation as to how this petition should be resolved, within 14 days from the date of this order. Following expiration of the deadline set herein, the § 2241 petition will be deemed submitted on the papers pursuant to Local Rule 230(l). (Deputy Clerk SH) (Entered: 06/22/2026)
Jun 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Parties
Party
Party
Party
Party
Party
Party
Attorney
Attorney
Attorney
Firm