Eastern District of California • 2:26-cv-02514

(HC) Arafat Moussa v. Albarran

Active

Case Information

Filed: July 20, 2026
Assigned to: Troy Lynne Nunley
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 21, 2026

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Mohamed Arafat Moussa . (Filing fee $ 5, receipt number ACAEDC-13610543) (Attachments: # 1 Civil Cover Sheet)(Shamieh, Ghassan) (Entered: 07/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mohamed Arafat Moussa. (Attachments: # 1 Memorandum, # 2 Affidavit, # 3 Proposed Order, # 4 TRO Checklist)(Shamieh, Ghassan) (Entered: 07/20/2026)
Main Document: Temporary Restraining Order
#3
Jul 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JAW) (Entered: 07/20/2026)
Main Document: Immigration New Case Documents
#4
Jul 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Sergio Albarran,Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for Todd M. Lyons,Sean Davis, GOVT for Markwayne Mullin (Davis, Sean) (Entered: 07/20/2026)
Main Document: DESIGNATION
#5
Jul 20, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/20/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Mohamed Arafat Moussa under the same conditions as his prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 27, 2026. Petitioner may file a reply by August 3, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to counsel of record. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MCF) (Entered: 07/20/2026)
#6
Jul 20, 2026
MOTION to ENFORCE JUDGMENT by Mohamed Arafat Moussa. (Attachments: # 1 Proposed Order)(Shamieh, Ghassan) (Entered: 07/20/2026)
Main Document: Enforce Judgment
Jul 20, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Jul 21, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/21/2026: The Court has reviewed Petitioner's Motion to Enforce Judgement. (ECF No. 6 .) By 3:00 PM TODAY, Respondents are ORDERED to submit a status report confirming Respondents' compliance with this Court's order to immediately release Petitioner. The status report shall include information on the time and location of Petitioner's release. (ECF No. 5 .) (Text Only Entry) (Deputy Clerk MCF) (Entered: 07/21/2026)
#8
Jul 21, 2026
STATUS REPORT by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Davis, Sean) (Entered: 07/21/2026)
Main Document: STATUS
#9
Jul 21, 2026
RESPONSE by Mohamed Arafat Moussa to 8 Status Report. (Shamieh, Ghassan) (Entered: 07/21/2026)
Main Document: RESPONSE
#10
Jul 21, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/21/2026: The Court has reviewed Respondents' status report (ECF No. 8 ) and Petitioner's response (ECF No. 9 ). By 6:00 pm TODAY, Respondents are ORDERED to submit a further status report confirming Petitioner's current location, whether he has been transferred to Fresno, and when that transfer occurred. If Petitioner is still in Respondents' custody, Respondents shall explain the current status of efforts to effectuate the Court's release order, the estimated time and location of release, and the cause for the delay in complying with the Court's order. (Deputy Clerk MCF) (Entered: 07/21/2026)
#11
Jul 21, 2026
STATUS REPORT by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit Detention history)(Davis, Sean) (Entered: 07/21/2026)
Main Document: STATUS
#12
Jul 21, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/21/2026: The Court has reviewed Respondents' status report informing the Court that Petitioner was released from custody today at 12:45 pm in Fresno. (ECF No. 11 .) In light of this update, Petitioner's Motion to Enforce Judgment (ECF No. 6 ) is hereby DENIED as moot. (Text Only Entry) (Deputy Clerk MCF) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND Order on Motion to Enforce Judgment
Jul 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings