Eastern District of California • 1:26-cv-07992
(HC)Akbari v. Warden of California City Detention Facility
Active
Case Information
Filed: September 28, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
November 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 28, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Gul Naz Akbari. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk LMS) (Entered: 09/30/2026)
#2
Sep 28, 2026
MOTION for APPOINTMENT of COUNSEL by Gul Naz Akbari. (Deputy Clerk LMS) (Entered: 09/30/2026)
Sep 28, 2026
RECEIPT number 100009820 for $5.00 for Gul Naz Akbari from Cal City Immigration Processing. (Deputy Clerk LMS)
#3
Sep 30, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 09/30/2026)
Main Document:
Immigration New Case Documents
#4
Sep 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of California City Detention Facility (Rodriguez, Elisa) (Entered: 09/30/2026)
Main Document:
DESIGNATION
Sep 30, 2026
Service by Mail
Sep 30, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Gul Naz Akbari. (Deputy Clerk LMS)
#5
Oct 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/1/2026 DEFERRING the ruling on 2 Motion for Appointment of Counsel and DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 7 days. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. As soon as practicable, Respondents shall notify the Court of any such medical transfer. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 10/01/2026)
Main Document:
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 01, 2026
SERVICE BY MAIL: 5 Minute Order served on Gul Naz Akbari. (Deputy Clerk SH)
Oct 01, 2026
Service by Mail
#6
Oct 08, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Warden of California City Detention Facility. (Rodriguez, Elisa) Modified on 10/9/2026 (KS). (Entered: 10/08/2026)
#7
Oct 13, 2026
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. (Deputy Clerk LMS) (Entered: 10/15/2026)
Main Document:
CONSENT/DECLINE
#8
Oct 26, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 10/26/2026: A review of EOIR's Automated Case Information database indicates that an immigration judge granted Petitioner withholding of removal on October 13, 2026 and that she is no longer in the custody of Immigration and Customs Enforcement (ICE). See https://perma.cc/2B6B-KQMH (EOIR's Automated Case Information database searchable by A# and country of origin). As a result, the § 2241 petition may be moot. Within 7 days from the date of this order, Respondent is directed to file a Notice of Changed Circumstances indicating whether Petitioner has been released from immigration detention. (Deputy Clerk SH) (Entered: 10/26/2026)
#9
Oct 26, 2026
TRAVERSE by Gul Naz Akbari. (Deputy Clerk DAR) (Entered: 10/27/2026)
Main Document:
Traverse
Oct 26, 2026
SERVICE BY MAIL: 8 Minute Order served on Gul Naz Akbari. (Deputy Clerk SH)
Oct 26, 2026
Service by Mail
Oct 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Nov 01, 2026
STATUS REPORT by Warden of California City Detention Facility. (Rodriguez, Elisa) (Entered: 11/01/2026)
Main Document:
STATUS
#11
Nov 02, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Sean C. Riordan on 11/2/2026: Having reviewed the merits of this case, the Court hereby ORDERS Respondent to file a supplemental brief and evidence addressing the following issues no later than November 4, 2026: 1) whether DHS requested any continuances in Petitioner's removal proceedings or whether the immigration court sua sponte re-calendared Petitioner's hearings and, if not, what was responsible for the delays alleged in the § 2241 petition; 2) whether Respondent intends to appeal the immigration judge's grant of withholding of removal to Petitioner; 3) any specific efforts to pursue a third-country removal that Respondent intends to make in Petitioner's case. In addition to expanding the record on these factual issues, Respondent may also file a brief by November 4, 2026 addressing Petitioner's substantive due process challenge in light of Doe v. Chestnut, 810 F.Supp.3d 1169 (E.D. Cal. 2025), and the prolonged detention claim based on Zadvydas v. Davis, 533 U.S. 678 (2001) and Preito-Romero v. Clark, 534 F.3d 1053 (9th Cir. 2008) (finding Zadvydas-type analysis did not apply to pre-final order detention where, in that case, "there is no evidence that Prieto-Romero is unremovable because the destination country will not accept him or his removal is barred by our own laws"). (Text Only Entry) (Deputy Clerk MCF) (Entered: 11/02/2026)
Nov 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Nov 02, 2026
SERVICE BY MAIL: 11 Minute Order served on Gul Naz Akbari. (Deputy Clerk MCF)
Nov 02, 2026
Service by Mail
#12
Nov 05, 2026
SUPPLEMENT by Warden of California City Detention Facility re 11 Minute Order,,,,,, Set/Reset Deadlines and Hearings,,,,,. (Rodriguez, Elisa) (Entered: 11/05/2026)
Main Document:
SUPPLEMENT
#13
Nov 06, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 11/6/2026 DENYING 2 Motion to Appoint Counsel and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on Count one and two; that Respondent be o rdered to immediately release Petitioner from custody; that at the time of release, Respondent must return all of Petitioner's documents and possessions; that Respondent may place Petitioner on standard conditions of supervision upon release; th at any order adopting these findings and recommendations include language that it does not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal, Respondent complies with all regulations concerning re-detention under an executable final order of removal, and Petitioner receives notice of that final order of removal; and that the Clerk of Court be directed to serve the California City Detention Facility with a copy of any release order and enter judgment in Petitioner's favor and close this case. Referred to District Judge Dena M. Coggins. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk HAH)
Nov 06, 2026
Service by Mail
#14
Nov 08, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
Parties
(HC)Akbari
Party
Warden of California City Detention Facility
Party