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govinfo:USCOURTS-caed-1_26-cv-03396-1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MOHIT MOHIT, Petitioner, v. MARKWAYNE MULLIN, et al., Respondents. No. 1:26-cv-03396-TLN-SCR (A# 215-828-309) ORDER Petitioner is a federal immigration detainee who filed this habeas corpus action pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 1, 2026, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within seven days. (ECF No. 9.) Respondents filed a one-sentence objection to the findings and recommendations for the reasons indicated in their prior responsive pleading. (ECF No. 10.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations (ECF No. 9) are adopted in full. 2. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) is GRANTED. 3. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Mohit Mohit (A# 215-828-309) from Respondents’ custody under the same conditions he was released prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. At the time of release, Respondents must return all of Petitioner’s documents and possessions. 4. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days’ notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner’s removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the Government’s interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner’s constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. 5. The Clerk of the Court is directed to serve the Golden State Annex Detention Facility with a copy of this Order. 6. The Clerk of Court shall enter judgment in favor of Petitioner and close this case. IT IS SO ORDERED. Date: June 9, 2026 ___________________________________ TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE