Eastern District of California • 2:25-cv-02070

#1

Jul 24, 2025

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, et al by Luis David Garcia-Ayala. (Attachments: # 1 Civil Cover Sheet) (Filing fee $ 5.00, receipt number ACAEDC-12356431) (Habib, Peter) (Entered: 07/24/2025)

#2

Jul 25, 2025

SUMMONS ISSUED as to *Tonya Andrews, Moises Becerra, Pamela Bondi, Kristi Noem, Alexander Pham* with answer to complaint due within *60* days. Attorney *Peter Alexander Habib* *Center for Gender & Refugee Studies* *200 McAllister Street* *San Francisco, CA 94102*. (Deputy Clerk RRB) (Entered: 07/25/2025)

#3

Jul 25, 2025

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 DJC Standing Order, # 2 Consent Form, # 3 VDRP) (Deputy Clerk RRB) (Entered: 07/25/2025)

#4

Jul 29, 2025

MOTION for TEMPORARY RESTRAINING ORDER by Luis David Garcia-Ayala. (Attachments: # 1 Affidavit Re: Irreparable Harm; and Proposed Orders, # 2 Exhibits)(Habib, Peter) Modified on 7/30/2025 (LMS). (Entered: 07/29/2025)

#5

Jul 29, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/29/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Respondent shall file an Opposition to Petitioner's 4 Motion no later than 12:00 PM on 7/31/2025. Petitioner shall file a Reply, if any, no later than 11:59 PM on 7/31/2025. Motion Hearing SET for 8/1/2025 at 11:00 AM, via videoconference, before District Judge Daniel J. Calabretta. Petitioner shall serve a copy of this order on Respondents forthwith. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/29/2025)

#6

Jul 29, 2025

DECLARATION of Peter Habib re Notice on opposing party re 4 Motion for Temporary Restraining Order by Luis David Garcia-Ayala. (Habib, Peter) Modified on 7/30/2025 (LMS). (Entered: 07/29/2025)

Jul 29, 2025

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#7

Jul 30, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/30/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Having received a request from Respondents and considering the date of Petitioner's confinement, the Court VACATES the motion hearing set for 7/31/2025 and RESETS the matter for 8/7/2025 at 3:30 PM, via videoconference, before District Judge Daniel J. Calabretta. Further, the Court MODIFIES the briefing schedule as follows: Respondents shall file an Opposition no later than 5:00 PM on 8/4/2025; Petitioner shall file a Reply, if any, no later than 5:00 PM on 8/6/2025. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/30/2025)

#8

Jul 30, 2025

AMENDED MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/30/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Having received a request from Respondents and considering the date of Petitioner's confinement, the Court VACATES the motion hearing set for 8/1/2025 and RESETS the matter for 8/7/2025 at 3:30 PM, via videoconference, before District Judge Daniel J. Calabretta. Further, the Court MODIFIES the briefing schedule as follows: Respondents shall file an Opposition no later than 5:00 PM on 8/4/2025; Petitioner shall file a Reply, if any, no later than 5:00 PM on 8/6/2025. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/30/2025)

#9

Jul 30, 2025

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Luis David Garcia-Ayala for attorney Robert Pauw to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-12369711) (Habib, Peter) (Entered: 07/30/2025)

Jul 30, 2025

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Jul 30, 2025

Minute Order

#10

Jul 31, 2025

PRO HAC VICE ORDER signed by District Judge Daniel J. Calabretta on 7/30/2025 GRANTING 9 Application for Pro Hac Vice. Added Attorney Robert Pauw, PHV for Luis David Garcia-Ayala. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk RRB) (Entered: 07/31/2025)

#11

Aug 04, 2025

OPPOSITION to 4 Temporary Restraining Orderby Tonya Andrews, et al. Attorney Tierney, Michael G. added. (Attachments: # 1 Declaration)(Tierney, Michael) Modified on 8/5/2025 (VLC). (Entered: 08/04/2025)

#12

Aug 06, 2025

REPLY to 4 Temporary Restraining Order by Luis David Garcia-Ayala . (Attachments: # 1 Exhibit Galindo )(Habib, Peter) Modified on 8/7/2025 (VLC). (Entered: 08/06/2025)

#13

Aug 06, 2025

DESIGNATION of COUNSEL FOR SERVICE Added attorney Audrey Benison Hemesath, GOVT for Tonya Andrews, Moises Becerra, Pamela Bondi, Kristi Noem and Alexander Pham. (Hemesath, Audrey) Modified on 8/7/2025 (VLC). (Entered: 08/06/2025)

#14

Aug 07, 2025

MINUTES FOR MOTION HEARING held before District Judge Daniel J. Calabretta on 8/7/2025. Robert Pauw and Peter Habib appeared for Petitioner. Audrey Hemesath appeared for Respondent. The Court ORDERED Petitioner's 4 Motion for Temporary Restraining Order submitted. Order to issue. Court Reporter: Jennifer Coulthard. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/07/2025)

Aug 07, 2025

Motion Hearing AND ~Util - Motions Submitted/Under Advisement

#15

Aug 08, 2025

ORDER signed by District Judge Daniel J. Calabretta on 8/8/2025 GRANTING Petitioner's 4 Motion for Temporary Restraining Order so as to preserve the status quo; ORDERING Respondents to immediately release Petitioner from Respondents' custody; ENJOINING and RESTRAINING Respondents from re-detaining Petitioner without notice and a pre-deprivation hearing before a neutral decision maker and from transferring Petitioner out of this Court's jurisdiction or removing him from the United States without notice and a hearing; ORDERING that this Order remain in effect until Friday, August 22, 2025 at 5:00 PM; ORDERING Respondents to file a status report confirming Petitioner's release no later than 10:00 AM on Monday, August 11, 2025; ORDERING Respondents to SHOW CAUSE why a Preliminary Injunction should not issue on the same terms as this Temporary Restraining Order; ORDERING Respondents to file a supplemental opposition no later than 5:00 PM on August 14, 2025; ORDERING Petitioner to file a supplemental reply no later than 5:00 PM on August 20, 2025 at; SETTING a hearing on the Preliminary Injunction and Order to Show Cause for 8/22/2025 at 10:00 AM in Courtroom 7 before District Judge Daniel J. Calabretta. (Deputy Clerk GJM) (Entered: 08/08/2025)

#16

Aug 11, 2025

STATUS REPORT and MOTION to DISMISS for mootness by All Respondents. (Hemesath, Audrey) Modified on 8/12/2025 (AJB). (Entered: 08/11/2025)

#17

Aug 13, 2025

OPPOSITION to 16 Motion to Dismiss by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/13/2025 (AJB). (Entered: 08/13/2025)

#18

Aug 14, 2025

SUPPLEMENTAL BRIEFING and RESPONSE by Tonya Andrews, Moises Becerra, Pamela Bondi to 15 Order to Show Cause. (Tierney, Michael) Modified on 8/15/2025 (AJB). (Entered: 08/14/2025)

#19

Aug 19, 2025

JOINT REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 8/22/2025 Hearing on Preliminary Injunction and Order to Show Cause hearing by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/20/2025 (OML). (Entered: 08/19/2025)

#20

Aug 19, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/19/2025: The Court GRANTS the parties Joint Request for Remote Appearance. (ECF No. 19 ). The hearing on Preliminary Injunction and Order to Show Cause, set for 8/22/2025, shall be conducted via videoconference. Instructions for remote appearance will be sent to all parties via e-mail. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/19/2025)

Aug 19, 2025

Minute Order

#21

Aug 20, 2025

SUPPLEMENTAL REPLY to 18 Response by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/21/2025 (OML). (Entered: 08/20/2025)

#22

Aug 22, 2025

MINUTES FOR HEARING RE PRELIMINARY INJUNCTION held via video conference before District Judge Daniel J. Calabretta on 8/22/2025. Robert Pauw and Peter Habib appeared for Petitioner. Michael Tierney appeared for Respondents. The Court CONTINUED the 15 Temporary Restraining Order pending the issuance of a further Court Order and ORDERED the matter submitted. Order to issue. Court Reporter: Kimberly Bennett. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/22/2025)

Aug 22, 2025

In Court Hearing AND ~Util - Motions Submitted/Under Advisement

#23

Sep 05, 2025

ORDER signed by District Judge Daniel J. Calabretta on 9/5/2025 DENYING Respondents' 16 Request for Dismissal; GRANTING IN PART and DENYING IN PART Petitioner's Request for Preliminary Injunction; ENJOINING and RESTRAINING Respondents from re-detaining Petitioner during the pendency of these proceedings without providing him notice and a pre-deprivation hearing in front of a neutral decision maker; REFERRING all future matters pertaining to Petitioner's Motion for Habeas Corpus under 28 U.S.C. § 2241 et seq. to the assigned Magistrate Judge pursuant to E.D. Cal. L.R. 302(c)(17). (Deputy Clerk GJM) (Entered: 09/05/2025)

#24

Sep 08, 2025

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Jeremy D. Peterson on 9/8/2025: Respondent is directed to file a response to the 1 Petition for Writ of Habeas Corpus within 21 days. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/08/2025)

Sep 08, 2025

Minute Order

#25

Sep 29, 2025

OPPOSITION by Respondents Tonya Andrews, Moises Becerra, Pamela Bondi to 1 Petition for Writ of Habeas Corpus. (Tierney, Michael) (Entered: 09/29/2025)

#26

Apr 13, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/13/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 15 .) Still pending is petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. I have addressed this issue previously and have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated and hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 23, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 04/13/2026)

Apr 13, 2026

Findings and Recommendations

#27

Apr 17, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 26 by Respondents Tonya Andrews, Moises Becerra, Pamela Bondi, Kristi Noem, Alexander Pham. (Hemesath, Audrey) (Entered: 04/17/2026)

#28

Apr 23, 2026

RESPONSE by Luis David Garcia-Ayala to 26 Findings and Recommendations (Motion),,,,,,,, 27 Objections to Findings and Recommendations. (Habib, Peter) (Entered: 04/23/2026)

#29

Apr 30, 2026

ORDER signed by District Judge Daniel J. Calabretta on 4/29/2026 ADOPTING 26 The Findings and Recommendations in full; The petition for writ of habeas corpus, 1 is GRANTED; The preliminary injunctive relief previously granted, 23 , is permanent; and The Clerk of Court is ordered to enter judgment accordingly and close this case. CASE CLOSED. (Deputy Clerk LMS)

#30

Apr 30, 2026

JUDGMENT dated *4/30/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 4/29/2026. (Deputy Clerk LMS) (Entered: 04/30/2026)

#31

Jul 27, 2026

Attorney Fees