Eastern District of California • 1:26-cv-07469
(HC) Bakri v. Warden of California City Detention Facility
Completed
Case Information
Filed: September 15, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 23, 2026
Last Activity:
September 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 15, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Karim Bakri. (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 15, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Karim Bakri. (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
In Forma Pauperis
#3
Sep 15, 2026
MOTION to APPOINT COUNSEL by Karim Bakri. (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
Appoint Counsel
#4
Sep 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Karim Bakri. (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
Temporary Restraining Order
#5
Sep 15, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Karim Bakri signed by Magistrate Judge Erin Guy Castillo on 09/15/2026. (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Sep 15, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/15/2026)
Main Document:
Immigration New Case Documents
#7
Sep 15, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/15/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the procedural due process claim of the 1 petition. See e.g., Medvezhov v. Warden, No. 1:26-CV-05918-KES-SAB (HC), 2026 WL 2234501 (E.D. Cal. Aug. 3, 2026); Arikapudi v. Andrews, No. 1:26-CV-05805-KES-EGC (HC), 2026 WL 2368115 (E.D. Cal. Aug. 16, 2026). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 4 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before September 18, 2026, respondent is ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Medvezhov v. Warden and Arikapudi v. Andrews and justifies denying the petition, or indicate the matter is not substantively distinguishable. The response shall include a copy of all referenced/relevant documents from petitioner's A-file, including any Form I-200, Warrant for Arrest of Alien. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondent 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"). (Deputy Clerk VMG) (Entered: 09/15/2026)
Sep 15, 2026
Service by Mail
Sep 15, 2026
SERVICE BY MAIL: 7 Minute Order, served on Karim Bakri. (Deputy Clerk VMG)
Sep 15, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Karim Bakri. (Deputy Clerk SZ)
Sep 15, 2026
Minute Order
#8
Sep 18, 2026
ASSOCIATION of ATTORNEY: Added attorney Justin Lee, GOVT for Warden of California City Detention Facility. (Lee, Justin) (Entered: 09/18/2026)
Main Document:
ASSOCIATION
#9
Sep 18, 2026
RESPONSE to 7 ORDER to SHOW CAUSE by Warden of California City Detention Facility. (Attachments: # 1 Exhibit 1, 2, 3, and 4)(Lee, Justin) (Entered: 09/18/2026)
Main Document:
RESPONSE
#10
Sep 21, 2026
CERTIFICATE / PROOF of SERVICE by Warden of California City Detention Facility re 9 Response to Order to Show Cause. (Lee, Justin) (Entered: 09/21/2026)
Main Document:
Certificate / Proof of Service
#11
Sep 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/23/2026: (Text Only Entry) The 4 motion for temporary restraining order is denied, and the 1 petition for writ of habeas corpus is denied without prejudice. On August 13, 2026, petitioner was granted voluntary departure by DHS, which stated that he would depart by September 14, 2026, at government expense. Doc. 1 at 32. On August 26, 2026, petitioner requested an update as to when his ticket would be issued for his departure. Doc. 1 at 33. ICE confirmed that petitioner would "receive an exten[s]ion on expiration date for Voluntary Departure." Id. Respondent's records reflect that petitioner's passport is expired. See Doc. 9-1 at 11, 13. On September 2, DHS submitted a formal request to Egypt for travel documents for petitioner. Doc. 9-1 at 10. Respondent confirms that petitioner's voluntary departure remains pending and they are in the process of obtaining travel documents. Doc. 9 at 2. A regulation provides that the government "may attach to the granting of voluntary departure any conditions it deems necessary to ensure the alien's timely departure from the United States, including... continued detention pending departure...." 8 C.F.R. § 240.25(b). Petitioner has not shown that his temporary continued detention pending his voluntary departure at government expense violates due process. The petition is denied without prejudice to petitioner refiling a petition should his continued detention to effectuate his departure become unreasonably prolonged. The Clerk of the Court is directed to close this case and terminate pending matters. (Deputy Clerk CLA) (Entered: 09/23/2026)
Sep 23, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
Sep 23, 2026
Service by Mail
Sep 23, 2026
SERVICE BY MAIL: 11 Minute Order served on Karim Bakri. (Deputy Clerk CLA)
Parties
(HC) Bakri
Party
Warden of California City Detention Facility
Party