Eastern District of California • 1:26-cv-07143

(HC) Dastan v. Warden of California City Detention Facility

Active

Case Information

Filed: September 08, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 08, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Warden of California City Detention Facility, Director of San Francisco Field Office, Secratary of ERO, USCIS, Markwayne Mullin, David Venturella by Serkan Dastan. (Filing fee $ 5, receipt number ACAEDC-13838293) (Attachments: # 1 Civil Cover Sheet)(Balikci, Adem) (Entered: 09/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 09/08/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#3
Sep 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Serkan Dastan. (Attachments: # 1 Memorandum)(Balikci, Adem) (Entered: 09/08/2026)
Main Document: Temporary Restraining Order
#4
Sep 08, 2026
MEMORANDUM by Serkan Dastan in SUPPORT of 3 Motion for Temporary Restraining Order. (Balikci, Adem) (Entered: 09/08/2026)
Main Document: Memorandum in Support of Motion
#5
Sep 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for Director of San Francisco Field Office,Audrey Benison Hemesath, GOVT for Markwayne Mullin,Audrey Benison Hemesath, GOVT for David Venturella,Audrey Benison Hemesath, GOVT for Warden of California City Detention Facility (Hemesath, Audrey) (Entered: 09/08/2026)
Main Document: DESIGNATION
#6
Sep 08, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Pending the court's decision on the Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction").The issues raised in the Petition appear to mirror those previously addressed by other district judges in many prior cases. See Nepal S. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-06126-MWJS; Duque Jaramillo v. Mullin, No. 1:26-cv-04029-MWJS; Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; Talavera-Heredia v. Warden of the Cent. Valley Annex, No. 1:26-cv-03179; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."). On or before September 10, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from prior orders such as the ones listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before September 14, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/08/2026)
Sep 08, 2026
Minute Order
Sep 10, 2026
Minute Order
#9
Sep 16, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#10
Sep 16, 2026
Judgment
Main Document: Judgment

Parties

(HC) Dastan
Party
Warden of California City Detention Facility
Party