Eastern District of California • 1:26-cv-08533

(HC) Kovalchuk v. Warden, Central Valley Annex

Active

Case Information

Filed: October 19, 2026
Assigned to: Jennifer L. Thurston
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 19, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Mykola Kovalchuk. (Deputy Clerk SZ) (Entered: 10/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mykola Kovalchuk. (Deputy Clerk SZ) (Entered: 10/19/2026)
Main Document: Temporary Restraining Order
#3
Oct 19, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Mykola Kovalchuk signed by Magistrate Judge Frank J. Singer on 10/19/2026. (Deputy Clerk SZ) (Entered: 10/19/2026)
Main Document: 05 - HC/Order Authorizing IFP
#4
Oct 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/19/2026)
Main Document: Immigration New Case Documents
#5
Oct 19, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-059-5554) asserts that he was detained by ICE on April 28, 2026 (Doc. 2 at 8). He was taken into custody by ICE after serving five months of incarceration in Dallas, Texas. Id. Before he was arrested by Dallas police in November 2025, he had suffered an injury of his right knee, requiring surgery. Id. at 14, 29. He has been evaluated by doctors at his facility. An MRI taken on July 27, 2026 by an outside radiology group confirms the injury. Id. at 29. Even still, he has not been provided the surgery he asserts is needed. Id. at 14. In terms of relief, he seeks to have the Court oversee his medical care and to require that his application for TPS relief be expedited. Id. at 38. He misapprehends the purposes of the habeas proceeding. Even still, Petitioner does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. The response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File (including the I-213) and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing, to preserve the Court's jurisdiction and to preserve Petitioner's access to the Court and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. 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. If this occurs, Respondents SHALL ensure that Petitioner receives communications from the Court without delay signed by District Judge Jennifer L. Thurston on October 19, 2026. (Deputy Clerk IM) (Entered: 10/19/2026)
Oct 19, 2026
SERVICE BY MAIL: 5 Order on Motion for TRO served on Mykola Kovalchuk. (Deputy Clerk IM)
Oct 19, 2026
Order on Motion for TRO
Oct 19, 2026
SERVICE BY MAIL: 3 Order Authorizing IFP Status, 4 Immigration New Case Documents served on Mykola Kovalchuk. (Deputy Clerk SZ)
Oct 19, 2026
Service by Mail
#8
Oct 27, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
Oct 27, 2026
Order on Motion for TRO
Oct 27, 2026
Service by Mail

Parties

(HC) Kovalchuk
Party
Warden, Central Valley Annex
Party