Eastern District of California • 1:26-cv-08491

(HC) Niyazov v. Mullin

Active

Case Information

Filed: October 16, 2026
Assigned to: Jennifer L. Thurston
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: November 04, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 16, 2026
PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin by Markwayne Mullin. (Filing fee $ 5, receipt number ACAEDC-14023814) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Petitioner's Bond Appeal filing with BIA, # 3 Exhibit Petitioner's October 13, 2026 Bond Hearing EROP, # 4 Exhibit Petitioner's October 13, 2026 Bond Hearing IJ Order, # 5 Exhibit Petitioner's November 2, 2022 Bond Hearing IJ Order)(Ashraf, Shahzada) (Entered: 10/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/16/2026)
Main Document: Immigration New Case Documents
#3
Oct 16, 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. (Anonymous) (Entered: 10/16/2026)
Main Document: CONSENT/DECLINE
#4
Oct 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Warden California City Detention Facility,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for US Department of Homeland Security,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (Entered: 10/16/2026)
Main Document: DESIGNATION
#5
Oct 19, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 10/19/2026: The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). The pleadings appear to raise factual and legal issues that this Court has resolved in other cases by finding that 8 U.S.C. § 1226(a) and the Due Process Cause of the Fifth Amendment to the U.S. Constitution provide the proper framework for detention by immigration authorities of noncitizens previously encountered and released and already residing in the United States when re-detained. See, e.g., Hernandez v. Warden of the Mesa Verde Annex Det. Facility, No. 1:25-cv-01676-KES-CDB (HC), 2026 WL 472656 (E.D. Cal. Feb. 19, 2026), F&R adopted on (Feb. 21, 2026). Accord Rodriguez Vasquez v. Bostock, 183 F.4th 1160, 1172 (9th Cir. 2026) (holding that section 1226 "is best understood as governing inadmissible and deportable aliens present in the interior of the United States.");see also Padilla v. U.S. Immig. And Cust. Enf't, -- F.4th --, No. 24-2801, 2026 WL 2822044, at *19 (9th Cir. Sept. 21, 2026) (recognizing that "[n]oncitizens who arrive illegally and are found away from the border well after arrival are protected from arbitrary detention in violation of the Due Process Clause."). Accordingly, pursuant to 28 U.S.C. § 2243, the Court directs Respondents to SHOW CAUSE in writing no later than 10/30/2026 as to whether there are any factual or legal issues in this case that render it distinct from the cases listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including notices to appear and warrants for arrest, orders relating to Petitioner's release from custody, and documents related to any asserted violations of release conditions or any asserted change of circumstances warranting Petitioner's re-detention. Petitioner may file a reply no later than 11/13/2026. (Deputy Clerk CRB) (Entered: 10/19/2026)
Oct 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Nov 04, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Niyazov
Party
Mullin
Party