Eastern District of California • 1:26-cv-03901

#1

May 20, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Kenneth Kinuthia Njonjo for attorney Alycia T. Moss to appear Pro Hac Vice. Attorney O'Brien, Elise Charlotte added. (Filing fee $ 300, receipt number ACAEDC-13352874) (Attachments: # 1 Exhibit Certificate of Good Standing) (O'Brien, Elise) (Entered: 05/20/2026)

#2

May 20, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Kenneth Kinuthia Njonjo. (Filing fee $ 5, receipt number ACAEDC-13353339) (Attachments: # 1 Affidavit, # 2 Civil Cover Sheet) (O'Brien, Elise) (Entered: 05/20/2026)

#3

May 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kenneth Kinuthia Njonjo. (Attachments: # 1 Proposed Order, # 2 Notice TRO Checklist)(O'Brien, Elise) (Entered: 05/20/2026)

#4

May 20, 2026

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

#5

May 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Sergio Albarran,Sean Davis, GOVT for Todd W. Blanche,Sean Davis, GOVT for Todd M. Lyons,Sean Davis, GOVT for Markwayne Mullin,Sean Davis, GOVT for Warden of the Central Valley Annex Detention Facility (Davis, Sean) (Entered: 05/21/2026)

#6

May 22, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 5/22/2026: Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by no later than 5/27/2026. Respondents shall also provide a copy of the transcript of the Petitioner's bond hearing before the Immigration Judge as an exhibit to their response. Petitioner may file a Reply by 5/28/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 05/22/2026)

May 22, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#7

May 27, 2026

NOTICE OF LODGING of Compact Disc by Sergio Albarran et al. (Davis, Sean) Modified on 5/28/2026 (OML). (Entered: 05/27/2026)

#8

May 27, 2026

Request

#9

May 27, 2026

RESPONSE to 3 Motion for Temporary Restraining Order and 2 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit 213, # 2 Exhibit NTA)(Davis, Sean) Modified on 6/2/2026 (HAH). (Entered: 05/27/2026)

#10

May 28, 2026

ACKNOWLEDGEMENT OF RECEIPT of 1 Compact Disc Re 7 Notice of Lodging from Sean Davis, GOVT,. [routed to file room] (Text only entry) (Deputy Clerk OML) (Entered: 05/28/2026)

#11

May 28, 2026

Strike

#12

May 28, 2026

TRAVERSE and REPLY to 9 Response by Kenneth Kinuthia Njonjo. (O'Brien, Elise) Modified on 6/3/2026 (HAH). (Entered: 05/28/2026)

#13

Jun 17, 2026

MINUTE ORDER issued on 6/17/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: Respondents' Request for Extension of Time, filed at Doc. No. 8, is DENIED as MOOT in light of the Notice of Lodging and Acknowledgement of Receipt, filed at Doc. Nos. 7 and 10. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/17/2026)

#14

Jun 17, 2026

Order on Application for Pro Hac Vice

Jun 17, 2026

Minute Order AND Order on Request

#15

Jun 18, 2026

Notice (Other)

#16

Jun 26, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 6/26/2026: In Petitioner's 3 Motion for a Temporary Restraining Order, Petitioner seeks his immediate release, despite having received a bond hearing where the Immigration Judge determined he was a flight risk, because he contends the Executive Office of Immigration Review "is no longer capable of providing bond hearings that comply with the strictures of due process." Petitioner asserts his bond hearing was "marred by EOIR bias and was denied based only on a vague finding of flight risk." Petitioner also seeks an order enjoining his removal pending adjudication of his VAWA adjustment of status application because "he has the right to present any viable claims for relief, including VAWA cancellation of removal, for which he is prima facie eligible, and asylum, to an immigration court." In their 9 Opposition to Petitioner's Motion, Respondents contend that Petitioner was provided a bond hearing in compliance with his rights under the Immigration and Nationality Act ("INA") and the Constitution, and that, to the extent he challenges the sufficiency of evidence supporting the Immigration Judge's determination, that challenge is properly raised in the Board of Immigration Appeals, where Petitioner has an appeal pending, not this court. Leonardo v. Crawford, 646 F.3d 1157, 1159 (9th Cir. 2011). Upon review of the 10 recording of the bond hearing and the Immigration Judge's order detailing her basis for denying bond (see Doc. No. [1-1] at 12-16), the court does not find that the Immigration Judge abused her discretion in finding that Petitioner's relatively recent entry into the United States, failure to maintain his student status despite entering the United States as a nonimmigrant student, and uncertainty of success in his pending applications made him a flight risk. To the extent Petitioner argues the EOIR is inherently incapable of providing unbiased bond hearings, the court cannot and does not make that finding on the record before it in this case. See Gines-Hernandez v. Albarran, No. 26-cv-03348-HSG, 2026 WL 1113719, at *4 (N.D. Cal. Apr. 24, 2026) ("[T]he court likely lacks the authority to preemptively order Petitioner's release on the argument that the immigration agency is structurally incapable of providing noncitizens with impartial bond determinations. If the Court adopted that approach, it would presumably have to order release from detention in almost every case, effectively overriding Congressional intent in passing the detention provision of §§ 1225 and 1226.") (internal citation omitted). Finally, as to Petitioner's request that the court enjoin Respondents from removing Petitioner pending adjudication of his VAWA application, the court notes that no such claim is included in his 1 Petition, which includes only claims for violation of the INA and Due Process relating to Petitioner's continued detention. Accordingly, Petitioner's 3 Motion for a Temporary Restraining Order is DENIED, without prejudice to Petitioner filing an Amended Petition to assert such a claim and file a Motion for Preliminary Injunctive Relief based on that claim. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#17

Jul 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/2/2026: Respondents are GRANTED until 5:00 p.m. on Tuesday, 7/7/2026, to provide authentication for exhibits attached to the response to the 2 Petition for Writ of Habeas Corpus. Petitioner A No. 242 499 675. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/02/2026)

Jul 02, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#18

Jul 07, 2026

DECLARATION of Carlos Campos. (Davis, Sean) Modified on 7/13/2026 (HAH). (Entered: 07/07/2026)

#19

Jul 09, 2026

Findings and Recommendations AND Order AND Order on Motion to Strike

#20

Jul 15, 2026

Amended Petition for Writ of Habeas Corpus

#21

Jul 15, 2026

Amend the Complaint/Petition

#22

Jul 16, 2026

Proposed Order

Jul 23, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings