(HC) Singh v. Warden of Mesa Verde Detention Center et al
| California Eastern District Court | |
| Judge: | Dena M Coggins |
| Referred: | Chi Soo Kim |
| Case #: | 1:26-cv-02261 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee |
| Case Filed: | Mar 23, 2026 |
| Last checked: Thursday May 07, 2026 12:40 AM PDT |
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Petitioner
Arshpreet Singh Singh
MESA VERDE DETENTION FACILITY 425 Golden State Ave.
Bakersfield, CA 93301 |
Represented By
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Respondent
Pamela Bondi
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Represented By
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Respondent
Warden of Mesa Verde Detention Center
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Represented By
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Respondent
Kristi Noem
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Represented By
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Respondent
United States Department of Homeland Security
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Represented By
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Respondent
United States Immigration and Customs Enforcement
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Represented By
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| Docket last updated: 4 hours ago |
| Friday, April 17, 2026 | ||
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EXHIBIT Immigration Court Bond Order by Pamela Bondi, Warden of Mesa Verde Detention Center, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement re 8 Minute Order,,,,,,,,,,,,, Terminate Deadlines and Hearings,,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,,,. (Williams, Jonathan) |
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| Monday, April 06, 2026 | ||
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order
Minute Order ~Util - 1 Terminate Deadlines and Hearings Order on Motion for TRO
Mon 04/06 2:56 PM
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on April 6, 2026: In Respondents'6 Opposition to Petitioner's2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to detention under 8 U.S.C. § 1225(b), and differentiate this case from cases cited in the court's 4 Order, by arguing that between Petitioner's enrollment in the Intensive Supervision Appearance Program following his release from immigration detention in June 2025, and his re-detention in November 2026, Petitioner violated the conditions of his release four times, each time by failing a scheduled home visit. ( See Doc. Nos. 6 at 2; 6-1 at 4-8.) The last of these violations occurred weeks before Petitioner's re-detention. ( Id. at 8.) Accordingly, Respondents argue this case is substantially similar to Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026), in which this court found that the Government had presented a viable reason for Petitioner's re-detention and limited relief to a bond hearing before an immigration judge. ( See Doc. No. 6 at 6.) In his Reply, Petitioner does not dispute the violations, but argues that he is not a flight risk because he was detained while appearing for a scheduled ICE appointment. ( See Doc. No. 7 at 3.) Respondents, however, have presented a viable reason for Petitioner's re-detention, and Petitioner's arguments regarding his flight risk are properly directed to an immigration judge. Respondents additionally argue that Petitioner should bear the burden of proof in any bond hearing. ( See Doc. No. 6 at 5.) However, as this court has previously found, where a noncitizen has previously been released from ICE detention, the Government bears the burden of demonstrating by clear and convincing evidence why the noncitizen's re-detention is warranted. See Selis Tinoco, 2025 WL 3567862. Accordingly, pursuant to the court's reasoning in Calvillo, Petitioner's2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: Within fourteen (14) days of the date of this Order, Respondents shall provide Petitioner Arshpreet Singh Singh (A-245-687-466) with a bond hearing before an immigration judge where Respondents shall bear the burden of establishing by clear and convincing evidence that Petitioner presents a danger to the community or flight risk if released thereby justifying his continued detention. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction ( See Doc. No. 6 at 3), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) |
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| Monday, March 30, 2026 | ||
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RESPONSE by Arshpreet Singh Singh to 4 Minute Order,,,,,,,,,, Set Motion and F&R Deadlines/Hearings,,,,,,,,,6 Opposition to Motion,. (Mann, Kamal) |
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| Thursday, March 26, 2026 | ||
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OPPOSITION by Pamela Bondi, Warden of Mesa Verde Detention Center, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement to2 Motion for Temporary Restraining Order.(Williams, Jonathan) |
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| Tuesday, March 24, 2026 | ||
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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) |
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order
Minute Order ~Util - Set Motion and F&R Deadlines/Hearings
Tue 03/24 12:00 PM
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/24/2026: The court has reviewed Petitioner's1 Petition for Writ of Habeas Corpus and2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the2 Motion for Temporary Restraining Order by 12:00 PM on 3/27/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner shall file a Reply by 12:00 PM on 3/30/2026 and shall specify the date on which Petitioner was detained. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 3/24/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) |
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PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/27/2026. (Deputy Clerk CLA) |
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| Monday, March 23, 2026 | ||
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