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govinfo:USCOURTS-caed-1_26-cv-03396-1

U.S. District Court for the Eastern District of California · 2026-06-10

· GavelSight synced 2026-09-06 03:48:31

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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. 

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 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 

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