Eastern District of California • 1:26-cv-06688
(HC) Kumar v. Warden of the Golden State Annex Detention Center
Active
Case Information
Filed: August 21, 2026
Assigned to:
Dale Alan Drozd
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:
November 06, 2026
Parties:
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Docket Entries
#1
Aug 21, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Warden of the Golden State Annex Detention Center by Vijay Kumar. (Filing fee $ 5, receipt number ACAEDC-13765972) (Attachments: # 1 Civil Cover Sheet)(Singh, Jaspreet) (Entered: 08/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/21/2026)
Main Document:
Immigration New Case Documents
#3
Aug 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/24/2026. Petitioner, Vijay Kumar (A 245-907-852), through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026) and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/24/2026)
Aug 24, 2026
Minute Order
#4
Aug 25, 2026
NOTICE of APPEARANCE by Anthony Andrews on behalf of Respondents. Attorney Andrews, Anthony added. (Andrews, Anthony) Modified on 8/27/2026 (HAH). (Entered: 08/25/2026)
Main Document:
Notice of Appearance
#5
Aug 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Respondents. (Andrews, Anthony) Modified on 8/28/2026 (HAH). (Entered: 08/26/2026)
Main Document:
DESIGNATION
#6
Aug 31, 2026
ANSWER and OPPOSITION by Respondents. (Andrews, Anthony) Modified on 9/2/2026 (HAH). (Entered: 08/31/2026)
Main Document:
ANSWER
#7
Sep 01, 2026
TRAVERSE by Vijay Kumar. (Singh, Jaspreet) (Entered: 09/01/2026)
Main Document:
Traverse
#8
Nov 04, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/4/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondents shall immediately release petitioner with the same conditions he was subject t o immediately prior to his re-detention on 8/15/2026; that at the time of release, respondents must return all of petitioner's documents and possessions; that Respondents shall not impose any restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing; that Respondents be enjoined and restrained from re-detaining petitioner, absent exigent circumstances, unless they provide at least 7 days' written notice to petitioner and hold a pre-de privation bond hearing before a neutral decision maker; that in the interest of judicial economy, petitioner's statutory claim under Count 1 and additional due process claim under Count 2 be dismissed without prejudice; that the order not addres s the circumstances in which respondents may detain petitioner in the event petitioner becomes subject to an executable final order of removal and petitionerreceives notice of that final order of removal; that within 3 days of an order adopting these findings and recommendations,respondents be required to file a notice of compliance confirming petitioner's release from custody; and that the Clerk of the Court be directed to enter judgment for petitioner and close this case. Referred to District Judge Dale A. Drozd. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk HAH)
#9
Nov 06, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
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