Active
Case Information
Filed: July 28, 2026
Assigned to:
James Donato
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 20, 2026
Parties:
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Docket Entries
#1
Jul 28, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22268401.). Filed by Roberts Nemiro. (Heilbrun, Sarah Kate) (Filed on 7/28/2026) (Entered: 07/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
Proposed Summons. (Heilbrun, Sarah Kate) (Filed on 7/28/2026) (Entered: 07/28/2026)
Main Document:
Proposed Summons
#3
Jul 29, 2026
MOTION for Temporary Restraining Order filed by Roberts Nemiro. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Affidavit Affidavit of Counsel, # 3 Proposed Order Proposed Order)(Heilbrun, Sarah Kate) (Filed on 7/29/2026) (Entered: 07/29/2026)
Main Document:
Temporary Restraining Order
#4
Jul 29, 2026
NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin (Starrett, Michael) (Filed on 7/29/2026) (Entered: 07/29/2026)
#5
Jul 29, 2026
Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 7/29/2026) (Entered: 07/29/2026)
#6
Jul 29, 2026
Summons Issued as to Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin, U.S. Attorney and U.S. Attorney General (hdj, COURT STAFF) (Filed on 7/29/2026) (Entered: 07/29/2026)
Main Document:
Summons Issued as to USA
Jul 29, 2026
~Util - Case Assigned by Intake
Jul 29, 2026
Notice of Appearance/Substitution/Change/Withdrawal of Attorney
#7
Jul 30, 2026
OPPOSITION/RESPONSE (re 3 MOTION for Temporary Restraining Order ) filed bySergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Declaration of Michael J. Starrett, # 2 Exhibit ISO of Declaration)(Starrett, Michael) (Filed on 7/30/2026) (Entered: 07/30/2026)
Main Document:
Opposition/Response to Motion
#8
Aug 03, 2026
REPLY (re 3 MOTION for Temporary Restraining Order ) filed byRoberts Nemiro. (Heilbrun, Sarah Kate) (Filed on 8/3/2026) (Entered: 08/03/2026)
Main Document:
Reply to Opposition/Response
#9
Aug 06, 2026
ORDER. Petitioner Nemiro's application for a temporary restraining order, Dkt. No. 3, is denied. Nemiro did not demonstrate a likelihood of success on the merits. The predetention hearing cases Nemiro cited are distinguishable because they involved noncitizens whom the government previously "determined not to be a danger to the community," Hernandez v. Sessions, 872 F.3d 976, 994 (9th Cir. 2017), a factor not present with Nemiro, who simply overstayed his O-1 visa. Nemiro also did not establish that he was subjected to a warrantless arrest. Consequently, the extraordinary relief of a TRO is not warranted. The parties are directed to jointly propose a briefing schedule for the habeas petition by August 24, 2026. Signed by Judge James Donato on 08/06/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/6/2026) (Entered: 08/06/2026)
Aug 06, 2026
Order AND ~Util - Terminate Motions
#10
Aug 07, 2026
CERTIFICATE OF SERVICE by Roberts Nemiro re 1 Petition for Writ of Habeas Corpus, 6 Summons Issued as to USA (Heilbrun, Sarah Kate) (Filed on 8/7/2026) (Entered: 08/07/2026)
Main Document:
Certificate/Proof of Service
#11
Aug 20, 2026
AMENDED PETITION for Writ of Habeas Corpus against All Defendants. Filed by Roberts Nemiro. (Heilbrun, Sarah Kate) (Filed on 8/20/2026) (Entered: 08/20/2026)
Main Document:
Amended Petition
#12
Aug 24, 2026
NOTICE (Joint) Proposed Briefing Schedule by Roberts Nemiro re 9 Order, Terminate Motions, (Heilbrun, Sarah Kate) (Filed on 8/24/2026) Modified on 8/25/2026 (kam2, COURT STAFF). (Entered: 08/24/2026)
Main Document:
Notice (Other)
#13
Aug 27, 2026
ORDER. The government is directed to file a status report by September 1, indicating whether Nemiro has received a post-detention bond hearing under, e.g., 8 C.F.R. § 1236.1(d)(1) and the results of that bond hearing. If no bond hearing has been held, the government is directed to explain why not, and when it is expected to occur. Signed by Judge James Donato on 08/27/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/27/2026) (Entered: 08/27/2026)
Aug 27, 2026
Order
#14
Aug 28, 2026
ANSWER to Complaint by Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin. (Starrett, Michael) (Filed on 8/28/2026) (Entered: 08/28/2026)
Main Document:
Answer to Complaint
#15
Sep 01, 2026
STATUS REPORT by Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Declaration of Michael J. Starrett)(Starrett, Michael) (Filed on 9/1/2026) (Entered: 09/01/2026)
Main Document:
Status Report
#16
Sep 03, 2026
STATUS REPORT RE: BOND HEARING by Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin. (Starrett, Michael) (Filed on 9/3/2026) (Entered: 09/03/2026)
Main Document:
Status Report
#17
Sep 04, 2026
Traverse and Reply to Respondents' Return to First Amended Petition for Writ of Habeas Corpus by Roberts Nemiro. (Heilbrun, Sarah Kate) (Filed on 9/4/2026) (Entered: 09/04/2026)
Main Document:
Traverse
#18
Sep 08, 2026
ORDER. The parties are directed to submit a joint status report by September 14 at 5 p.m. for petitioner Nemiro's September 11 bond hearing. Dkt. No. 16. Signed by Judge James Donato on 09/08/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 9/8/2026) (Entered: 09/08/2026)
Sep 08, 2026
Order
#19
Sep 14, 2026
Status Report
Main Document:
Status Report
#20
Sep 16, 2026
Status Report
Main Document:
Status Report
#21
Sep 20, 2026
Administrative Motion per Civil Local Rule 7-11
Main Document:
Administrative Motion per Civil Local Rule 7-11
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