Eastern District of California • 1:26-cv-03896

#1

May 20, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Bovin Marco Okoth. (Filing fee $ 5, receipt number ACAEDC-13351615) (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Declaration) (Iscandari, Alieu) Modified on 5/28/2026 (KS). (Entered: 05/20/2026)

#2

May 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Bovin Marco Okoth. (Attachments: # 1 Proposed Order Proposed Order)(Iscandari, Alieu) (Entered: 05/20/2026)

#3

May 20, 2026

MOTION to Shorten Time and Immediate Consideration by Bovin Marco Okoth. (Attachments: # 1 Proposed Order Proposed Order)(Iscandari, Alieu) (Entered: 05/20/2026)

#4

May 20, 2026

CLERK'S NOTICE to Attorney Alieu Muhammad Iscandari: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk CM) (Entered: 05/20/2026)

#5

May 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/20/2026)

#6

May 20, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/20/2026: 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 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 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Friday, 5/22/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 05/20/2026)

#7

May 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Sean Davis, GOVT added for All Respondents. (Davis, Sean) Modified on 5/28/2026 (KS). (Entered: 05/20/2026)

May 20, 2026

Minute Order

#8

May 22, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION (Response) to 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit) (Davis, Sean) Modified on 5/29/2026 (KS). (Entered: 05/22/2026)

#9

May 26, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/26/2026: (Text Only Entry). An examination of case numbers 1:25-cv-01936-KES-SAB and 1:26-cv-03896-DAD-CSK reveals that they are related within the meaning of Local Rule 123(a). Accordingly, the assignment of these matters to the same judge and magistrate judge as in 1:25-cv-01936-KES-SAB is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-03896-DAD-CSK is reassigned from District Judge Dale A. Drozd and Magistrate Judge Chi Soo Kim to District Judge Kirk E. Sherriff and Magistrate Judge Stanley A. Boone. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-03896-KES-SAB. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Deputy Clerk VMG) (Entered: 05/26/2026)

#10

May 26, 2026

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Kirk E. Sherriff and Magistrate Judge Stanley A. Boone. The new case number is: 1:26-cv-03896-KES-SAB(HC). (Deputy Clerk SSA) (Entered: 05/26/2026)

May 26, 2026

Minute Order

#11

May 27, 2026

Answer to Petition for Writ of Habeas Corpus

#12

Jun 10, 2026

REQUEST FOR STATUS by Bovin Okoth Marco. (Iscandari, Alieu) (Entered: 06/10/2026)

#13

Jun 15, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/15/2026: (Text Only Entry). The 2 motion for temporary restraining order is denied as petitioner fails to establish a likelihood of success on the merits on the claims raised in his motion. Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and received a § 1226(a) bond hearing, at which bond was denied. Doc. 2 at 3. Petitioner argues that his detention has become prolonged following that bond hearing. See id. However, in Rodriguez Diaz v. Garland, the Ninth Circuit held that due process did not require a second § 1226(a) bond hearing for a petitioner who had been detained for over fourteen months after his first § 1226(a) bond hearing, when the petitioner did not show constitutional error at his first bond hearing. Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Petitioner does not identify any circumstances to distinguish this case from Rodriguez Diaz, and he has been detained for far less than fourteen months after his first bond hearing. Petitioner has therefore failed to show a likelihood of success on his prolonged detention claim. Petitioner also seeks his immediate release based on his assertion that he has received constitutionally-deficient medical care while in civil immigration detention. See Doc. 2 at 4. He challenges the conditions of his confinement rather than, as required for a cognizable habeas claim, the underlying legal basis for that confinement. See Pinson v. Carvajal, 69 F.4th 1072 (9th Cir. 2023). Petitioner has therefore not met his burden, on the present motion, of showing that he is likely to succeed on the merits of his habeas claims. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008). This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 06/15/2026)

Jun 15, 2026

Minute Order

#14

Aug 26, 2026

ORDER DIRECTING Respondents to Inform Court of Petitioner's Custody Status, signed by Magistrate Judge Stanley A. Boone on 8/26/2026. 7-day deadline. (Deputy Clerk CRM) (Entered: 08/26/2026)

#15

Aug 28, 2026

STATUS REPORT by Bovin Okoth Marco. (Iscandari, Alieu) (Entered: 08/28/2026)

#16

Aug 31, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for Christopher Chestnut,Gabriel Andres Soto-Perez for Polly Kaiser,Gabriel Andres Soto-Perez for Todd M. Lyons,Gabriel Andres Soto-Perez for Markwayne Mullin, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 08/31/2026)

#17

Aug 31, 2026

STATUS REPORT by Todd Blanche, Christopher Chestnut, Polly Kaiser, Todd M. Lyons, Markwayne Mullin. (Soto-Perez, Gabriel) (Entered: 08/31/2026)

#18

Sep 03, 2026

FINDINGS and RECOMMENDATIONS to Grant Petitioner Leave to File Amended Petition re signed by Magistrate Judge Stanley A. Boone on 9/2/2026. Referred to Judge Sherriff. Objections to F&R due within 14 days. (Deputy Clerk AML) (Entered: 09/03/2026)

#19

Sep 11, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Petitioner Bovin Okoth Marco. (Iscandari, Alieu) (Entered: 09/11/2026)

#20

Sep 15, 2026

Objections to Findings and Recommendations

#21

Sep 24, 2026

Objections to Findings and Recommendations