Eastern District of California • 1:26-cv-07577

#1

Sep 17, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Sergei Kovalenko. (Filing fee $ 5, receipt number ACAEDC-13892155) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Smallcomb, Deron) Modified on 9/22/2026 (KS). (Entered: 09/17/2026)

#2

Sep 18, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 09/18/2026)

#3

Sep 18, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Respondents. (Williams, Jonathan) Modified on 9/28/2026 (HAH). (Entered: 09/18/2026)

#4

Sep 18, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/18/2026:This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk RAA) (Entered: 09/18/2026)

Sep 18, 2026

Minute Order

#5

Sep 21, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/21/2026: Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. Accordingly, it is hereby ORDERED that: 1. Within seven days of this order's service, respondents must file an answer to the petition. The answer must address the merits of the petition and set forth the "true cause of the detention." See 28 U.S.C. § 2243. Any argument by respondents that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. Respondents shall attach any documents necessary for resolving the issues presented in the petition. Arguments that are not supported with relevant evidence will not be considered. 2. Petitioner may file a traverse to respondents' answer within seven days of the date of service of that answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 3. If respondents learn of petitioner's removal or any other change in petitioner's detention status, respondents shall submit a status report notifying the court as soon as practicably possible. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/21/2026)

Sep 21, 2026

Minute Order

#6

Sep 28, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-EOIR Records, # 3 Exhibit C-Prior Petition)(Williams, Jonathan) Modified on 10/6/2026 (HAH). (Entered: 09/28/2026)

#7

Sep 29, 2026

TRAVERSE to 6 Response by Sergei Kovalenko. (Smallcomb, Deron) Modified on 10/6/2026 (HAH). (Entered: 09/29/2026)

#8

Sep 30, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/29/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and that Respondents be ordered to immediately release petitioner from custody. Referred to Judge Troy L. Nunley. Objections due within 3 days of service of these Findings and Recommendations. (Deputy Clerk VLK) (Entered: 09/30/2026)

#9

Oct 04, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 8 by Respondents Todd Blanche, Executive Office for Immigration Review, Field Office Director, San Francisco Field Office Director, U.S. Immigration and Customs Enforcement (ICE), Markwayne Mullin, Sirce E. Owen, US Department of Homeland Security, David J. Venturella, Warden Central Valley Annex (Geo Group). (Williams, Jonathan) (Entered: 10/04/2026)

#10

Oct 04, 2026

REPLY by Sergei Kovalenko re 9 Objections to Findings and Recommendations,. (Smallcomb, Deron) (Entered: 10/04/2026)

#11

Oct 06, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 10/5/2026 ADOPTING 8 The Findings and Recommendations in full; The Petition for Writ of Habeas Corpus 1 is GRANTED. Respondents are ordered to IMMEDIATELY RELEASE Petitioner (A# 244-026-685) from their custody. Respondents shall not impose any additional restrictions on Petitioner, unless determined to be necessary at a future pre- deprivation hearing. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondent is ENJOINED from re- detaining Petitioner absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. SeeZadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court is directed to serve this Order on the Central Valley Annex Detention Facility, enter judgment for Petitioner, and close this case. CASE CLOSED. (cc: ICE-Central Valley Annex Detention Facility) (Deputy Clerk LMS) (Entered: 10/06/2026)

#12

Oct 06, 2026

JUDGMENT dated *10/6/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 10/5/2026. (cc: ICE-Central Valley Annex Detention Facility) (Deputy Clerk LMS) (Entered: 10/06/2026)