Eastern District of California • 2:26-cv-03371

(HC) Awosanya v. Albarran

Active

Case Information

Filed: September 23, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 23, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Kuburat Awosanya. (Filing fee $ 5, receipt number ACAEDC-13921033) (Attachments: # 1 Civil Cover Sheet) (Shamieh, Ghassan) Modified on 9/29/2026 (KS). (Entered: 09/23/2026)
Main Document: PETITION
#2
Sep 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Kuburat Awosanya. (Attachments: # 1 Affidavit, # 2 Points and Authorities, # 3 Proposed Order, # 4 TRO Checklist) (Shamieh, Ghassan) Modified on 9/29/2026 (KS). (Entered: 09/23/2026)
Main Document: MOTION
#3
Sep 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 09/25/2026)
Main Document: Immigration New Case Documents
#4
Sep 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Joseph Douglas Harman, GOVT added for All Respondents. (Harman, Joseph) Modified on 10/2/2026 (KS). (Entered: 09/25/2026)
Main Document: DESIGNATION
#5
Sep 25, 2026
MEMORANDUM by Kuburat Awosanya in SUPPORT of 2 Motion for Temporary Restraining Order. (Shamieh, Ghassan) (Entered: 09/25/2026)
Main Document: Memorandum in Support of Motion
#6
Sep 25, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on September 25, 2026: This matter is before the Court on Petitioner's Ex Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met her burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on her claim that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Nguyen v. Charles, No. 1:25-CV-01592-TLN-CSK, 2025 WL 3492117, at *3 (E.D. Cal. Dec. 4, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Kuburat Adenike Awosanya from custody on the same conditions of her prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with statutory and constitutional protections, including seven-days' notice and strict compliance with the requirements of 8 C.F.R. §§ 241.13(i), 241.4(l), or a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that material changed circumstances demonstrate (a) a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by October 2, 2026. Petitioner may file a reply by October 9, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. As the Court is unable to facilitate service of this Order to the detention center without Petitioner's A number, counsel for Petitioner shall immediately serve a copy of this Order with Petitioner's A number and all documents filed in this case on Respondents with a copy via to: usacae.ecf2241-imm@usdoj.gov. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/25/2026)
#7
Sep 25, 2026
STATUS REPORT by All Respondents. (Harman, Joseph) Modified on 10/2/2026 (KS). (Entered: 09/25/2026)
Main Document: STATUS
Sep 25, 2026
Minute Order AND Order on Motion for TRO
#8
Oct 01, 2026
MOTION for 7-DAY EXTENSION OF TIME to File Response by All Respondents. (Harman, Joseph) Modified on 10/9/2026 (KS). (Entered: 10/01/2026)
Main Document: Extension of Time
#9
Oct 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on October 6, 2026: Before the Court is Respondents' unopposed motion for extension of time to file a response and non-objection to a preliminary injunction. (ECF No. 8 .) Finding good cause, the Court GRANTS Respondents' request to extend time; Respondents shall file their response to the Court's Order to Show Cause (ECF No. 6 ) by October 9, 2026. Additionally, Respondents note they do not object to converting this Court's Temporary Restraining Order ("TRO") to a preliminary injunction to preserve the status quo during the pendency of this case. (ECF No. 8 .) Accordingly, for the reasons stated in its Order granting TRO and on the non-objection of Respondents, this Court converts the terms of the TRO into a Preliminary Injunction until the Court rules on the habeas petition. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 10/06/2026)
#10
Oct 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on October 6, 2026: In light of Respondents' extension of time to respond, Petitioner's deadline to reply is likewise extended to October 16, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 10/06/2026)
Oct 06, 2026
Minute Order AND Order on Motion for Extension of Time
Oct 06, 2026
Minute Order
#11
Oct 09, 2026
MOTION for 5-DAY EXTENSION OF TIME to FILE RESPONSE by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Harman, Joseph) Modified on 10/19/2026 (HAH). (Entered: 10/09/2026)
Main Document: Extension of Time
#12
Oct 13, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/13/2026: Before the Court is Respondents' motion for a five-day extension of time to file a response to the habeas petition, which counsel represents is unopposed. (ECF No. 11 .) Good cause appearing, Respondents' request for an extension is GRANTED. Respondents shall file a response by October 14, 2026. Petitioner may file a reply by October 21, 2026. (TEXT ONLY ENTRY) (Deputy Clerk RAA) (Entered: 10/13/2026)
Oct 13, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Oct 14, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Harman, Joseph) (Entered: 10/14/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#14
Oct 21, 2026
Traverse
Main Document: Traverse

Parties

Albarran
Party
(HC) Awosanya
Party