Eastern District of California • 2:26-cv-00625

#1

Feb 27, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Victor Wilfredo Caal Leal. (Deputy Clerk VLK) (Entered: 02/27/2026)

#2

Feb 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Victor Wilfredo Caal Leal. (Deputy Clerk VLK) (Entered: 02/27/2026)

#3

Feb 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 02/27/2026)

#4

Feb 27, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 2/27/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is directed to serve the petition and motion for temporary restraining order on respondent by email. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Tuesday, 3/3/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025) or Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 02/27/2026)

Feb 27, 2026

Service by Mail

Feb 27, 2026

RECEIPT number 200017301 for $5.00 for Victor Wilfredo Caal Leal. (Deputy Clerk LMS)

Feb 27, 2026

SERVICE BY MAIL: 4 Minute Order served on Victor Wilfredo Caal Leal. (Deputy Clerk PAB)

Feb 27, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Victor Wilfredo Caal Leal. (Deputy Clerk VLK)

Feb 27, 2026

Minute Order

#5

Feb 28, 2026

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) (Entered: 02/28/2026)

#6

Mar 02, 2026

Dismiss

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Mar 03, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/3/2026: On 2/27/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ). On 3/2/2026, respondent filed an opposition (Doc. No. 6 ) to the motion. In that opposition, respondent argues only that petitioner is subject to mandatory detention by virtue of being present in the United States, an argument that the undersigned has rejected on several recent occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (E.D. Cal. Feb. 12, 2026) (rejecting the respondents' interpretation of § 1225). Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), in which the court concluded that a prior release of the petitioner created an implicit promise by the respondents that the petitioner's release would only be revoked on the basis that he failed to comply with the terms of his release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, petitioner arrived in the United States in or about 2023 and respondent concedes that petitioner had previously been released by immigration authorities. (Doc. Nos. 1 at 4-5; 6 at 2.) On 1/22/2026, petitioner was detained by immigration officers. (Doc. No. 1 at 4.) In their opposition, respondent states that they do not oppose converting the motion for temporary restraining order to a motion for preliminary injunction. (Doc. No. 6 at 2.) Accordingly, pursuant to the reasoning in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED to a motion for preliminary injunction and GRANTED. The court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner from respondent's custody on the same conditions that governed his release immediately prior to his re-detention on 1/22/2026; and (2) Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondent shall bear the burden of demonstrating by clear and convincing evidence that petitioner poses a risk of flight or a danger to the community. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. This action is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk PAB) (Entered: 03/03/2026)

Mar 03, 2026

Service by Mail

Mar 03, 2026

SERVICE BY MAIL: 7 Minute Order served on Victor Wilfredo Caal Leal. (Deputy Clerk PAB)

Mar 03, 2026

Minute Order AND Order on Motion for TRO

#8

Mar 04, 2026

Certificate / Proof of Service

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Mar 09, 2026

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Mar 09, 2026

Service by Mail

Mar 09, 2026

SERVICE BY MAIL: 9 Order served on Victor Wilfredo Caal Leal. (Deputy Clerk VLC)

Mar 12, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 4 Minute Order sent to Victor Wilfredo Caal Leal. Notice of Change of Address due by 4/20/2026. (Deputy Clerk VLK)

Mar 16, 2026

MAIL RETURNED as Undeliverable, not deliverable as addressed: 7 Minute Order sent to Victor Wilfredo Caal Leal. Notice of Change of Address due by 4/23/2026. (Deputy Clerk KEZ)

#10

Apr 16, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/16/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 7 .) Still pending are petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, ECF No. 1, and respondent's motion to dismiss, ECF No. 6, which petitioner did not oppose, though it bears mention that petitioner is representing himself and there is no updated mailing address for him. 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) respondent's motion to dismiss, ECF No. 6, be DENIED; (3) the preliminary injunctive relief previously granted, ECF No. 7, be made permanent; and (4) 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: 04/16/2026)

Apr 16, 2026

SERVICE BY MAIL: 10 Findings and Recommendations served on Victor Wilfredo Caal Leal. (Deputy Clerk NAC)

Apr 16, 2026

Service by Mail

Apr 16, 2026

Findings and Recommendations

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Apr 22, 2026

Objections to Findings and Recommendations

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Apr 22, 2026

Certificate / Proof of Service

Apr 27, 2026

MAIL RETURNED as RTS 10 Findings and Recommendations (Motion), sent to Victor Wilfredo Caal Leal. (Deputy Clerk LMS)

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Jun 30, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss

#14

Jun 30, 2026

Judgment

Jun 30, 2026

SERVICE BY MAIL: 13 Order and 14 Judgment served on Victor Wilfredo Caal Leal. (Deputy Clerk HAH)

Jun 30, 2026

Service by Mail

Jul 13, 2026

MAIL RETURNED as Return to Sender, Not Deliverable as Addressed, Unable to Forward: 14 Judgment and 13 Findings and Recommendations (Order) sent to Victor Wilfredo Caal Leal. (Deputy Clerk AKP)