Eastern District of California • 1:26-cv-07476

(HC) Kumar v. Andrews

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Case Information

Filed: September 15, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 15, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, Markwayne Mullin, David Venturella by Sumit Kumar. (Filing fee $ 5, receipt number ACAEDC-13882943) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit, # 4 Exhibit)(Kaur, Gurpreet) (Entered: 09/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sumit Kumar. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 09/15/2026)
Main Document: Temporary Restraining Order
#3
Sep 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk ED) (Entered: 09/16/2026)
Main Document: Immigration New Case Documents
#4
Sep 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Tonya Andrews,Joseph Douglas Harman, GOVT for Todd Blanche,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for David J. Venturella (Harman, Joseph) (Entered: 09/16/2026)
Main Document: DESIGNATION
#5
Sep 16, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/16/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 9/18/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 12:00 PM on 9/21/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/16/2026)
Sep 16, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Sep 17, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus

Parties

Andrews
Party
(HC) Kumar
Party