Eastern District of California • 1:26-cv-06056

(HC)Rafat v. Albarran

Active

Case Information

Filed: July 31, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 31, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin by Shaban Ali RAFAT. (Filing fee $ 5, receipt number ACAEDC-13670202) (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 Civil Cover Sheet)(Abdelbaky, Perihan) (Entered: 07/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Shaban Ali RAFAT. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Notice)(Abdelbaky, Perihan) (Entered: 07/31/2026)
Main Document: Temporary Restraining Order
#3
Jul 31, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SSA) (Entered: 07/31/2026)
Main Document: Immigration New Case Documents
#4
Jul 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Sergio Albarran,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Christopher Chestnut,Elisa M. Rodriguez for Markwayne Mullin (Rodriguez, Elisa) (Entered: 07/31/2026)
Main Document: DESIGNATION
#5
Jul 31, 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 #: 221-312-972) asserts that he has been detained more than 18 months (Doc. 2 at 6). 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 31, 2026. (Deputy Clerk IM) (Entered: 07/31/2026)
Jul 31, 2026
Order on Motion for TRO

Parties

Albarran
Party
(HC)Rafat
Party