Eastern District of California • 1:26-cv-01570
(HC) Atwal v. Albarran
Active
Case Information
Filed: February 24, 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
Active
Last Activity:
July 07, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 24, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Amandeep Singh Atwal. (Filing fee $ 5, receipt number ACAEDC-12953659) (Attachments: # 1 Exhibit filing receipt for I-589 asylum application, # 2 Proposed Order)(Howard, Kyle) (Entered: 02/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 24, 2026
CIVIL COVER SHEET filed by Amandeep Singh Atwal. (Howard, Kyle) (Entered: 02/24/2026)
Main Document:
CIVIL
#3
Feb 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Amandeep Singh Atwal. (Attachments: # 1 Proposed Order, # 2 Memorandum Points and Authorities, # 3 Declaration)(Howard, Kyle) (Entered: 02/24/2026)
Main Document:
Temporary Restraining Order
#4
Feb 25, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 02/25/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 25, 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: 02/25/2026)
Main Document:
CONSENT/DECLINE
#6
Feb 25, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 02/25/2026: Pending the issuance of the court's order resolving the pending 3 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 court's 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 3 motion for temporary restraining order. Further, no later than tomorrow, 2/26/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Friday, 2/27/2026. 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 JRM) (Entered: 02/25/2026)
Feb 25, 2026
Minute Order
#7
Feb 27, 2026
RESPONSE to 2/25/2026 Minute Order by Respondents; ANSWER to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) Modified on 3/2/2026 (KLY). (Entered: 02/27/2026)
Main Document:
RESPONSE
#8
Mar 03, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/3/2026: On 2/24/2026, petitioner filed a motion for a temporary restraining order (Doc. No. 3 ). On 2/25/2026, the court set a briefing schedule and directed respondents to 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. On 2/27/2026, respondents filed their opposition (Doc. No. 7 ) to petitioner's motion. Respondents argue therein that petitioner is not part of the Bautista class because he is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c)(1)(B) due to his three prior convictions for violations of California Penal Code § 273.5, which may be crimes of moral turpitude ("CIMT). (Doc. No. 7 at 3-4.) Respondents also state that they are amenable to converting petitioner's motion for a temporary restraining order to a motion for a preliminary injunction. (Id. at 1.) Section 1226(a) "sets out the 'default rule' for [detention of] noncitizens already present in the country." Lepe v. Andrews, 801 F. Supp. 3d 1104, 1101 (E.D. Cal. 2025) (quoting Jennings v. Rodriguez, 583 U.S. 281, 289 (2018)). Section 1226(c)(1)(B) subjects a person to mandatory detention if they are deportable for having committed certain offenses, which includes two or more convictions for crimes involving moral turpitude, as stated in § 1227(a)(2)(A)(ii). A violation of § 273.5 is not categorically a CIMT. Cervantes v. Holder, 772 F.3d 583, 588 (9th Cir. 2014) ("... it is a divisible statute for which a conviction under one portion of the statute (corporal injury against a spouse) will qualify as a CIMT, while conviction under other subsections (for example, corporal injury against a cohabitant) will not."). Based on the record before the court, it is not clear whether petitioner's convictions qualify as CIMT because the record does not reflect whether his convictions involved a cohabitant, a spouse, or an individual within some other category. (Doc. No. [7-2] at 4-10.) Petitioner entered the United States in January 2014 and applied for asylum shortly thereafter. (Doc. Nos. 1 at 2; [1-1] at 2.) Petitioner was detained for the first time by immigration authorities on 1/6/2026. (Doc. No. 1 at 3.) The court will not deviate from the default detention scheme set out by § 1226(a) absent sufficient evidence establishing that petitioner is subject to mandatory detention. The court finds analogous and persuasive its prior analysis in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) where it found that the petitioner was likely to succeed on the merits of his claims in light of the final judgement entered in Bautista and incorporates that analysis herein. Accordingly, for the reasons stated above and pursuant to the court's reasoning as stated in Rangel, petitioner's motion for a temporary restraining order (Doc. No. 3 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to provide petitioner a bond hearing within ten (10) days of the date of entry of this order; (2) Within three days of the bond hearing, respondents shall file a status report in this case confirming that petitioner has been provided the bond hearing; and (3) petitioner's request for a temporary restraining order ordering respondents to immediately release him is DENIED without prejudice. 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 Allison Claire for further proceedings. (Deputy Clerk PAB) (Entered: 03/03/2026)
Mar 03, 2026
Minute Order AND Order on Motion for TRO
#9
Apr 09, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 04/09/2026.On March 3, 2026, the district judge converted petitioner's motion for temporary restraining order into a motion for preliminary injunction and granted the motion in part (ECF No. 8 ). Respondents were ordered to provide petitioner with a bond hearing within ten (10) days from the date of entry of the order and file a status report within three (3) days from petitioner's bond hearing confirming petitioner was provided with a bond hearing. Respondents have not filed a status report or otherwise responded to this court's order. Accordingly, no later than April 10, 2026, respondents shall file a status report informing the court whether petitioner was provided with a bond hearing in compliance with this court's March 3, 2026, order. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/09/2026)
#10
Apr 09, 2026
STATUS REPORT by Sergio Albarran, Pamela Bondi, Executive Office for Immigration Review, Todd M. Lyons, Kristi Noem, Warden of the Golden State Annex Facility. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 04/09/2026)
Main Document:
STATUS
Apr 09, 2026
Minute Order
#11
Jun 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 06/03/2026. The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and the filings in this action. Within three (3) days from the date of this order, the parties shall inform the court of their respective positions on the question whether the petition is moot in light of petitioner's bond hearing. If either party believes the petition is not moot, the parties will be given an opportunity to submit additional briefing. (Text Only Entry) (Deputy Clerk JAA) (Entered: 06/03/2026)
#12
Jun 03, 2026
Preliminary Injunction
Main Document:
Preliminary Injunction
Jun 03, 2026
Minute Order
#13
Jun 05, 2026
Notice (Other)
Main Document:
Notice (Other)
#14
Jun 05, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
#15
Jun 10, 2026
Order on Motion for Preliminary Injunction AND Order on Motion to Withdraw as Attorney
#16
Jun 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 06/16/2026. Consistent with the June 3, 2026 Minute Order (ECF No. 11 ), petitioner is directed to inform the court of his position on the question of whether the habeas petition is moot in light of petitioner's bond hearing by no later than June 19, 2026. If petitioner does not believe the petition is moot, the parties will be given an opportunity to submit additional briefing. (Text Only Entry) (Deputy Clerk JAA) (Entered: 06/16/2026)
Jun 16, 2026
Minute Order
#17
Jun 30, 2026
Notice (Other)
Main Document:
Notice (Other)
#18
Jun 30, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Allison Claire on 6/30/2026: On June 9, the motion to withdraw as counsel of record for petitioner, filed by petitioner's counsel (ECF No. 14 ), was DENIED without prejudice. ECF No. 15 at 4. On June 16, petitioner's counsel was ordered to inform the court of petitioner's position on the question of whether the habeas petition is moot in light of petitioner's bond hearing by no later than June 19, 2026. ECF No. 16 . The deadline has passed and counsel has neither filed a supplemental brief on behalf of petitioner nor sought additional time to do so. Within 3 days, petitioner's counsel shall SHOW CAUSE why he should not be sanctioned for failing to comply with a court order. The response must be accompanied by the previously ordered supplemental briefing. (Text Only Entry) (Deputy Clerk RAA) (Entered: 06/30/2026)
Jun 30, 2026
Minute Order AND Order to Show Cause
#19
Jul 01, 2026
RESPONSE to 18 ORDER to SHOW CAUSE by Amandeep Singh Atwal. (Howard, Kyle) (Entered: 07/01/2026)
Main Document:
RESPONSE
#20
Jul 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/06/2026. The court has reviewed petitioner's response to the Court's June 20, 2026 Order to Show Cause, which explains and apologizes for counsel's delay in complying with this Court's prior orders. ECF No. 19 . The Court's Order to Show Cause (ECF No. 18 ) is hereby discharged, and petitioner's request for a thirty-day extension of time to file supplemental briefing on the question of whether the habeas petition is moot in light of petitioner's bond hearing is granted. ECF No. 19. Respondents' reply, if any, is due within seven days after being served a copy of petitioner's supplemental briefing. If petitioner's counsel wishes to file a properly supported motion to withdraw as attorney, he must do so within three (3) days of this Order and adequately demonstrate good cause and full compliance with L.R. 182 and the California Rules of Professional Conduct. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/06/2026)
#21
Jul 06, 2026
Withdraw as Attorney
Main Document:
Withdraw as Attorney
Jul 06, 2026
Minute Order
#22
Jul 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/07/2026. The court has reviewed counsel's 21 Motion to Withdraw as Attorney for Petitioner. Good cause appearing, the motion (ECF No. 21 ) is GRANTED. The Clerk is directed to update the docket to reflect that petitioner is now proceeding in propria persona and all future communications should be directed to Amandeep Singh Atwal at Golden State Annex (A4-#47), 611 Frontage Road, McFarland, CA 93250. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order AND Order on Motion to Withdraw as Attorney
Jul 07, 2026
SERVICE BY MAIL: 22 Minute Order served on Amandeep Singh Atwal. (Deputy Clerk HAH)
Jul 07, 2026
Service by Mail
Parties
Albarran
Party
(HC) Atwal
Party