Eastern District of California • 1:25-cv-01852

#1

Dec 14, 2025

PETITION for WRIT of HABEAS CORPUS against Bounlay Phommavongsa by Bounlay Phommavongsa. (Filing fee $ 5, receipt number ACAEDC-12669802) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Huynh, Daniel) (Entered: 12/14/2025)

#2

Dec 15, 2025

CERTIFICATE / PROOF of SERVICE by Bounlay Phommavongsa. (Huynh, Daniel) (Entered: 12/15/2025)

#3

Dec 15, 2025

ORDER RE CONSENT ISSUED. Consent or Decline due by 1/20/2026. (Deputy Clerk CRM) (Entered: 12/15/2025)

#4

Dec 15, 2025

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Huynh, Daniel) (Entered: 12/15/2025)

#5

Dec 17, 2025

ORDER REQUIRING Respondent to File a Response to Petition; ORDER SETTING Briefing Schedule; ORDER DIRECTING Clerk of the Court to Serve Documents, signed by Magistrate Judge Christopher D. Baker on 12/17/2025. (Deputy Clerk CRM) (Entered: 12/17/2025)

#6

Dec 18, 2025

MOTION for PRELIMINARY INJUNCTION by Bounlay Phommavongsa. (Huynh, Daniel) (Entered: 12/18/2025)

#7

Dec 19, 2025

MINUTE ORDER (Text Only Entry) The recently filed motion for preliminary injunction (Doc. 5 ) is referred to the assigned magistrate judge for the preparation of findings and recommendations or other appropriate action considering the existing merits schedule signed by District Judge Jennifer L. Thurston on December 19, 2025. (Deputy Clerk IM) (Entered: 12/19/2025)

#8

Dec 19, 2025

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 12/19/2025: Following the Courts preliminary assessment that the petition for writ of habeas corpus may be cognizable under 28 U.S.C. § 2241 and the Courts order for Respondents to file a response (Doc. 5 ), Petitioner filed a motion for preliminary injunction. (Doc. 6 ). The presiding district judge referred the motion to the undersigned. (Doc. 7 ). Accordingly, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than December 29, 2025, why the Court should not grant Petitioner's motion for a preliminary injunction. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (if not already filed, see Doc. 1) and other supporting documents, including available documentation related to any asserted violations of release conditions. In addition, Respondents SHALL specifically address why the facts suggest a change in circumstance material to the issue of whether Petitioner is a danger to public safety or a flight risk. See, e.g., Chavarria v. Chestnut, No. 1:25-CV-01755-DAD-AC, 2025 WL 3533606, at *4 (E.D. Cal. Dec. 9, 2025); Bernal v. Albarran, No. 25-CV-09772-RS, 2025 WL 3281422, at *6 (N.D. Cal. Nov. 25, 2025). Petitioner may file a reply no later than January 5, 2026. The Court further directs the parties to indicate in their respective papers whether they are requesting a hearing. Depending on the content of the filings, the Court may set a hearing or may rule on the papers. No later than December 22, 2025, to the extent not already accomplished, Petitioner's counsel is directed: (1) to serve Respondents with a copy of the Petition, the motion for preliminary injunction, and accompanying papers, along with a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance. (Deputy Clerk CRB) (Entered: 12/19/2025)

Dec 19, 2025

Minute Order

Dec 19, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#9

Dec 20, 2025

CERTIFICATE / PROOF of SERVICE by Bounlay Phommavongsa. (Huynh, Daniel) (Entered: 12/20/2025)

#10

Dec 29, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Robin Tubesing, GOVT for Moises Becerra,Robin Tubesing, GOVT for Pamela Bondi,Robin Tubesing, GOVT for Christopher Chestnut,Robin Tubesing, GOVT for Kristi Noem (Tubesing, Robin) (Entered: 12/29/2025)

#11

Dec 29, 2025

RESPONSE to 8 ORDER to SHOW CAUSE by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Attachments: # 1 Declaration, # 2 Exhibit)(Tubesing, Robin) (Entered: 12/29/2025)

#12

Dec 31, 2025

REPLY by Bounlay Phommavongsa to RESPONSE to 6 Motion for Preliminary Injunction. (Huynh, Daniel) (Entered: 12/31/2025)

#13

Jan 15, 2026

FINDINGS and RECOMMENDATIONS to Grant Petitioner's Motion for Preliminary Injunction (Doc. 6 ) signed by Magistrate Judge Christopher D. Baker on 01/15/2026. Referred to Judge Jennifer L. Thurston. 14-DAY OBJECTION PERIOD (Deputy Clerk CRB)

#14

Jan 30, 2026

NOTICE by Bounlay Phommavongsa re 13 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Christopher D. Baker on 01/15/2026 recommending that Grant Petitioner's Motion for Preliminary Injunction re 6 Motion for Preliminary Injunction filed by Bounlay Phommavongsa, 1 Petiti. (Huynh, Daniel) (Entered: 01/30/2026)

#15

Jan 30, 2026

ORDER ADOPTING 13 Findings and Recommendations and GRANTING 6 Petitioner's Motion for Preliminary Injunction, signed by District Judge Jennifer L. Thurston on 1/30/2026. Respondents are ORDERED to release Petitioner immediately. Re spondents are ENJOINED from re-detaining Petitioner for more than 14 days without a bond hearing before a neutral arbiter at which the government must demonstrate by clear and convincing evidence that Petitioner is a flight risk or danger to t he community UNLESS there is a material change related to the likelihood of his imminent removal such that physical custody is legally justified. The parties SHALL FILE no later than 14 days from entry of this order a joint status report as to Petitioner's status and address whether a further briefing schedule need be set to address Petitioner's petition on the merits. (Deputy Clerk OFR)

#16

Feb 13, 2026

JOINT STATUS REPORT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem. (Tubesing, Robin) (Entered: 02/13/2026)

Feb 17, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings