Eastern District of California • 1:26-cv-08828

#1

Oct 27, 2026

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Todd Blanche, Markwayne Mullin, David J. Venturella by Manavjot Singh Chahal. (Filing fee $ 5, receipt number ACAEDC-14066278) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit)(Kaur, Gurpreet) (Entered: 10/27/2026)

#2

Oct 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Manavjot Singh Chahal. (Attachments: # 1 Notice, # 2 Proposed Order)(Kaur, Gurpreet) (Entered: 10/27/2026)

#3

Oct 27, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/27/2026)

#4

Oct 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Tonya Andrews,Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David J. Venturella (Rodriguez, Elisa) (Entered: 10/27/2026)

#5

Oct 27, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on October 27, 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 his 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 his claims that his detention violates 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. (See ECF No. 2 .) The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Jagroop S. v. Wofford, No. 1:26-CV-00381-TLN-CKD, 2026 WL 276068, at *4 (E.D. Cal. Feb. 3, 2026); Harpreet S. v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00918-TLN-CSK, 2026 WL 1362549, at *1 (E.D. Cal. May 14, 2026). Here, Petitioner was admitted into the United States on a visitor visa; he applied for asylum; his information and physical presence was known to the government; he attended DHS biometrics appointments; the government granted work authorization and Petitioner obtained gainful employment as a commercial truck driver; and Petitioner established community ties and has no criminal history. (ECF Nos. 1, 2 .) Yet, the government detained Petitioner at a highway rest area, while he was sleeping inside his parked commercial truck. (ECF No. 1 .) Petitioner did not receive notice or a hearing as to his arrest and detention. (Id.) Additionally, Petitioner asserts no removal proceedings were pending against him at the time of his arrest; Respondents did not initiate removal proceedings or serve him with a Notice to Appear until after his detention. (Id.) The Court once again finds that, under the individual circumstances of this case, due process requires Respondents to provide Petitioner a pre-deprivation notice and hearing. Respondents afforded no such notice or opportunity to be heard. Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A # 242-321-724) on the same conditions he was released under prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that 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 from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents are 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 November 3, 2026. Petitioner may file a reply by November 10, 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. The Clerk of the Court is directed to serve Golden State Annex with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Golden State) (Deputy Clerk MDK) (Entered: 10/27/2026)

Oct 27, 2026

Minute Order