Eastern District of California • 1:26-cv-05225

(HC) Khadka v. Mullin

Completed

Case Information

Filed: July 07, 2026
Assigned to: Jennifer L. Thurston
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 28, 2026
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 07, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Yamraj Khadka. (Filing fee $ 5, receipt number ACAEDC-13549826) (Attachments: # 1 Civil Cover Sheet)(Ramnaney, Nikhil) (Entered: 07/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yamraj Khadka. (Attachments: # 1 Declaration DECLARATION OF NIKHIL RAMNANEY ISO TEMPORARY RESTRAINING ORDER, # 2 Declaration DECLARATION OF YAMRAJ KHADKA'S ISO TEMPORARY RESTRAINING ORDER, # 3 Proposed Order [PROPOSED] ORDER GRANTING PETITIONERS EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE- PRELIMINARY INJUNCTION)(Ramnaney, Nikhil) (Entered: 07/07/2026)
Main Document: Temporary Restraining Order
#3
Jul 07, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/07/2026)
Main Document: Immigration New Case Documents
#4
Jul 07, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-390-205) asserts that he has been detained since early 2025 (Doc. 2 at 4). He was presented for a bond hearing on April 20, 2026, but the IJ found a lack of jurisdiction and did not proceed with a substantive hearing. Id. at 5. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on July 7, 2026. (Deputy Clerk IM) (Entered: 07/07/2026)
Jul 07, 2026
Order on Motion for TRO
#5
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Executive Office of Immigration Review,Jonathan Williams, GOVT for Nancy Gonzalez,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (Entered: 07/08/2026)
Main Document: DESIGNATION
#6
Jul 08, 2026
MINUTE ORDER (Text Only Entry): The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). The pleadings appear to raise factual and legal issues that this Court has resolved in other cases by finding that a petitioner may not be continuously detained where an immigration judge has granted withholding of removal and the government does not rebut a showing of no significant likelihood of removal to a third country in the reasonably foreseeable future. See, e.g., Hoang v. Chestnut, et al., No. 1:26-cv-04023-JLT-CDB, 2026 WL 1875880 (E.D. Cal. June 30, 2026) (recommending grant of petition), adopted by 2026 WL 1965614 (E.D. Cal. July 7, 2026).Accordingly, pursuant to 28 U.S.C. § 2243, no later than 7/20/2026, Respondents are ORDERED TO SHOW CAUSE in writing as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior order in the case listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-file and other supporting documents, including notices to appear, orders of immigration judges, and documents related to withholding and third country removal. Petitioner may file a reply no later than 7/30/2026. Minute Order signed by Magistrate Judge Christopher D. Baker on 7/8/2026. (Deputy Clerk OR) (Entered: 07/08/2026)
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Jul 15, 2026
MOTION to SET ASIDE amending 4 Order on Motion for TRO,,,,,,, by Todd Blanche, Christopher Chestnut, Executive Office of Immigration Review, Nancy Gonzalez, Markwayne Mullin, David Venturella. (Attachments: # 1 Declaration Thurman Karan Declaration, # 2 Exhibit A-Diplomatic Assurance Letter)(Williams, Jonathan) (Entered: 07/15/2026)
Main Document: Set Aside
#8
Jul 16, 2026
RESPONSE to 6 ORDER to SHOW CAUSE by Todd Blanche, Christopher Chestnut, Executive Office of Immigration Review, Nancy Gonzalez, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-EOIR Records)(Williams, Jonathan) (Entered: 07/16/2026)
Main Document: RESPONSE
#9
Jul 17, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 07/17/2026: In light of the posture of the case and Respondents' representations and position regarding the purported imminence of Petitioner's removal (see Docs. 7, 8), the Court modifies its prior order permitting Petitioner to file an optional traverse/reply no later than 7/23/2026 (see Doc. 4), and HEREBY ORDERS Petitioner to file a traverse/reply no later than 7/23/2026. (Deputy Clerk CRB) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Jul 22, 2026
OPPOSITION by Yamraj Khadka to 7 Motion to Set Aside,. (Attachments: # 1 Declaration Declaration of Yamraj Khadka ISO Opposition to Motion to Modify Judgement)(Ramnaney, Nikhil) (Entered: 07/22/2026)
Main Document: Opposition to Motion
#11
Jul 22, 2026
REPLY by Yamraj Khadka re 8 Response to Order to Show Cause,. (Ramnaney, Nikhil) (Entered: 07/22/2026)
Main Document: REPLY
#12
Jul 31, 2026
FINDINGS and RECOMMENDATIONS to Grant 1 Petition for Writ of Habeas Corpus signed by Magistrate Judge Christopher D. Baker on 7/31/2026. Referred to Judge Jennifer L. Thurston. Objections to F&R due within Seven (7) Days. (Deputy Clerk SSA) (Entered: 07/31/2026)
Main Document: Findings and Recommendations
#13
Aug 07, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 12 by Respondents Todd Blanche, Christopher Chestnut, Executive Office of Immigration Review, Nancy Gonzalez, Markwayne Mullin, David Venturella. (Williams, Jonathan) (Entered: 08/07/2026)
Main Document: Objections to Findings and Recommendations
#14
Aug 18, 2026
REQUEST for Decision on Petition for Habeas Corpus by Yamraj Khadka. (Ramnaney, Nikhil) (Entered: 08/19/2026)
Main Document: Request
#15
Aug 20, 2026
ORDER ADOPTING 12 Findings and Recommendations in Part, Granting the Petition for Writ of Habeas Corpus in Part; Holding Remaining Claims and Motions in Abeyance signed by District Judge Jennifer L. Thurston on 08/20/2026. (Deputy Clerk EF) (Entered: 08/20/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#16
Aug 25, 2026
STATUS REPORT by Todd Blanche, Christopher Chestnut, Executive Office of Immigration Review, Nancy Gonzalez, Markwayne Mullin, David Venturella. (Williams, Jonathan) (Entered: 08/25/2026)
Main Document: STATUS
#17
Aug 25, 2026
REPLY by Yamraj Khadka re 16 Status Report. (Ramnaney, Nikhil) (Entered: 08/25/2026)
Main Document: REPLY
#18
Aug 26, 2026
MINUTE ORDER (Text Only Entry) The Court will not respond to Respondents' last-minute request for an extension of time (Doc. 16 ) until they: (1) clearly respond to the Court's inquiry re whether they plan to continue attempting third country removal; and (2) confirm or clarify the statutory hierarchy they intend to address in their anticipated filing signed by District Judge Jennifer L. Thurston on August 26, 2026. (Deputy Clerk IM) (Entered: 08/26/2026)
Aug 26, 2026
Minute Order
#19
Aug 27, 2026
SUPPLEMENT by Todd Blanche, Christopher Chestnut, Executive Office of Immigration Review, Nancy Gonzalez, Markwayne Mullin, David Venturella re 16 Status Report. (Attachments: # 1 Exhibit A-Notice of Third Country Removal)(Williams, Jonathan) (Entered: 08/27/2026)
Main Document: SUPPLEMENT
#20
Aug 28, 2026
ORDER DISMISSING Petition; ORDER Immediate Release, signed by District Judge Jennifer L. Thurston on 8/28/2026. CASE CLOSED. (Deputy Clerk CRM) (Entered: 08/28/2026)
Main Document: Order Dismissing Case AND Order on Motion to Set Aside AND Order on Request
#21
Aug 28, 2026
JUDGMENT dated *8/28/2026* pursuant to order. (Deputy Clerk CRM) (Entered: 08/28/2026)
Main Document: Judgment
#22
Sep 02, 2026
MOTION for ATTORNEY FEES AND COSTS PURSUANT TO 28 U.S.C. § 2412(d) by Yamraj Khadka. (Attachments: # 1 Declaration DECLARATION OF NIKHIL RAMNANEY IN SUPPORT OF PETITIONER'S MOTION FOR ATTORNEY'S FEES AND COSTS, # 2 Declaration DECLARATION OF YAMRAJ KHADKA IN SUPPORT OF PETITIONER'S MOTION FOR ATTORNEY'S FEES AND COSTS, # 3 Proposed Order PROPOSED ORDER GRANTING PETITIONER'S MOTION FOR ATTORNEY'S FEES AND COSTS)(Ramnaney, Nikhil) (Entered: 09/02/2026)
Main Document: Attorney Fees
#23
Sep 16, 2026
Opposition to Motion
Main Document: Opposition to Motion