Eastern District of California • 1:26-cv-01899

#1

Mar 09, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Nelson Reis. (Deputy Clerk VLC) (Entered: 03/10/2026)

#2

Mar 09, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Nelson Reis. (Deputy Clerk VLC) (Entered: 03/10/2026)

#3

Mar 09, 2026

MOTION to APPOINT COUNSEL by Nelson Reis. (Deputy Clerk VLC) (Entered: 03/10/2026)

#4

Mar 10, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/10/2026)

#5

Mar 10, 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: 03/10/2026)

Mar 10, 2026

Service by Mail

Mar 10, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Nelson Reis. (Deputy Clerk VLC)

#6

Mar 16, 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. (Deputy Clerk OML) (Entered: 03/17/2026)

#7

Mar 18, 2026

Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

Mar 18, 2026

Service by Mail

Mar 18, 2026

SERVICE BY MAIL: 7 Order served on Nelson Reis. (Deputy Clerk KML)

#8

Mar 25, 2026

Answer to Petition for Writ of Habeas Corpus

#9

Mar 27, 2026

Certificate / Proof of Service

Apr 03, 2026

RECEIPT number 100007761 for the filing fee in the amount of $5.00 paid on 4/3/2026 fbo Nelson Reis. (Deputy Clerk CRM)

#10

Apr 06, 2026

Temporary Restraining Order

#11

Apr 06, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/6/2026: Pending the issuance of the court's order resolving the pending 10 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 10 motion for temporary restraining order. Counsel for respondent has already entered Notices of Appearance and submitted an 8 answer to the pending 1 petition for writ of habeas corpus. Accordingly, respondent shall file either a written opposition to the pending 10 motion for temporary restraining order or indicate that they submit on the reasons stated in their 8 answer to the 1 petition by 5:00 PM on Tuesday, 4/7/2026. (Text Only Entry) (Deputy Clerk RAA) (Entered: 04/06/2026)

Apr 06, 2026

SERVICE BY MAIL: 11 Minute Order served on Nelson Reis. (Deputy Clerk RAA)

Apr 06, 2026

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

Apr 06, 2026

Service by Mail

#12

Apr 07, 2026

STATEMENT of INTENT to SUBMIT by Respondent Warden. (Rodriguez, Camilo) Modified on 4/10/2026 (KS). (Entered: 04/07/2026)

#13

Apr 08, 2026

Notice (Other)

#14

Apr 08, 2026

Certificate / Proof of Service

#15

Apr 16, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/16/2026: In light of respondent's 12 filing that respondent oppose petitioner's 10 motion for temporary restraining order on the reasons outlined in respondent's 8 answer to the 1 petition for habeas corpus, petitioner is DIRECTED to file a reply brief addressing the allegations outlined in the 8 answer, specifically regarding petitioner's convictions. (Deputy Clerk PAB) (Entered: 04/16/2026)

Apr 16, 2026

Service by Mail

Apr 16, 2026

Minute Order

Apr 16, 2026

SERVICE BY MAIL: 15 Minute Order served on Nelson Reis. (Deputy Clerk PAB)

#16

Apr 27, 2026

REPLY by Nelson Reis to 8 Answer to Petition for Writ of Habeas Corpus. (Deputy Clerk JAW) (Entered: 04/29/2026)

#17

May 05, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 5/5/2026: On 4/3/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order challenging his detention by Immigration and Customs Enforcement ("ICE"). (Doc. No. 10 .) On 4/7/2026, respondents filed a notice indicating that they oppose the motion for the reasons outlined in their answer to the petition for writ of habeas corpus. (Doc. No. 12 .) On 4/27/2026, petitioner filed a reply to respondents' opposition. (Doc. No. 16 .) Petitioner is a native and citizen of Portugal who was lawfully admitted to the United States on or about 2/26/2019 as a non-immigrant visitor. On or about 10/31/2025, petitioner was convicted of possessing a controlled substance and was immediately taken into ICE custody pursuant to 8 U.S.C. § 1226(c). To date, petitioner has remained in immigration detention for over six months without a bond hearing. In opposing petitioner's motion, respondents have advanced the following arguments: (1) Petitioner is lawfully detained pursuant to 8 U.S.C. 1187(c)(2)(E); and (2) Petitioner is lawfully detained pursuant to 8 U.S.C. § 1226(c) and is not entitled to a bond hearing. The court rejects respondents' first argument because "most federal courts that have directly addressed whether a noncitizen who has violated the Visa Waiver Program can be detained pursuant to § 1187(c)(2)(E) have held that § 1187(c)(2)(E) is not a valid basis for detention." Quispe v. Chestnut, No. 1:25-cv-02002-CSK, 2026 WL 654577, at *2 (E.D. Cal. Mar. 9, 2026) (citing cases). As to respondents' second argument that petitioner is lawfully detained pursuant to § 1226(c) and is not entitled to a bond hearing, the court finds instructive the reasoning set forth in De Souza v. Warden, No. 1:26-cv-01479-DJC-SCR, 2026 WL 1067487 (E.D. Cal. Apr. 20, 2026), report and recommendation adopted, No. 1:26-cv-01479-DJC-SCR, 2026 WL 1153617, at *2-4 (E.D. Cal. Apr. 28, 2026), where the court held that due process required the government to provide a bond hearing for an immigration detainee who was detained pursuant to 8 U.S.C. § 1226(c) for over six months without such a hearing after being convicted for possession of a controlled substance. Accordingly, petitioner's motion for temporary restraining order is GRANTED in part as follows: (1) Respondents are ORDERED to provide petitioner with a constitutionally adequate bond hearing before an immigration judge where respondents will have the burden of justifying petitioner's continued detention by clear and convincing evidence within ten (10) days from the date of entry of this order; and (2) Petitioner's motion for a temporary restraining order requiring his immediate release from ICE custody is DENIED. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. Petitioner is directed to file any motion for preliminary injunction within fourteen (14) days from the date of entry of this order. Respondents may file an opposition to petitioner's motion for preliminary injunction within five (5) days from the date of filing. (Deputy Clerk MCF) (Entered: 05/05/2026)

May 05, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

May 05, 2026

Service by Mail

May 05, 2026

SERVICE BY MAIL: 17 Minute Order on Motion for TRO served on Nelson Reis. (Deputy Clerk MCF)

#18

May 13, 2026

Answer to Petition for Writ of Habeas Corpus

#19

May 27, 2026

Notice of Change of Address

#20

Jun 09, 2026

Temporary Restraining Order

#21

Jun 09, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 6/9/2026: Pending the issuance of the court's order resolving the pending 20 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 20 motion for temporary restraining order. Counsel for respondent has already entered a notice of appearance, so respondent shall file a written opposition to the pending 20 motion for temporary restraining order by 5:00 PM on Thursday, 6/11/2026. In that opposition, respondent is directed to also inform the court whether petitioner was afforded a bond hearing in accordance with the court's prior 17 order issued on 5/5/2026 and the outcome thereof. (Deputy Clerk PAB) (Entered: 06/09/2026)

Jun 09, 2026

Service by Mail

Jun 09, 2026

SERVICE BY MAIL: 21 Minute Order served on Nelson Reis. (Deputy Clerk PAB)

Jun 09, 2026

Minute Order

#22

Jun 11, 2026

OPPOSITION by Respondent Warden to 20 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rodriguez, Camilo) (Entered: 06/11/2026)

#23

Jun 16, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/16/2026: The court has received respondent's 22 opposition and concludes that further information is required. Petitioner appears to have previously applied for 13 asylum, but respondent's opposition does not address the status of that application. Accordingly, respondent is DIRECTED to file supplemental briefing addressing the status of petitioner's asylum application by tomorrow, 6/17/2026, at 5 PM. (Text Only Entry) (Deputy Clerk CRN) (Entered: 06/16/2026)

Jun 16, 2026

SERVICE BY MAIL: 23 Minute Order, served on Nelson Reis. (Deputy Clerk CRN)

Jun 16, 2026

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

Jun 16, 2026

Service by Mail

#24

Jun 17, 2026

SUPPLEMENTAL BRIEF by Warden. (Attachments: # 1 Exhibit 1)(Rodriguez, Camilo) Modified on 6/24/2026 (KS). (Entered: 06/17/2026)

#25

Jun 24, 2026

Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

Jun 24, 2026

Service by Mail

Jun 24, 2026

SERVICE BY MAIL: 25 Order served on Nelson Reis. (Deputy Clerk JAW)

#26

Jun 30, 2026

Temporary Restraining Order

#27

Jun 30, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/30/2026: On 6/29/2026, petitioner filed a 26 third motion for temporary restraining order seeking his immediate release from custody. However, the court issued a 25 order granting his immediate release on 6/24/2026. Accordingly, respondent is DIRECTED to file a response to this order indicating whether petitioner has been released from custody by tomorrow, 7/1/2026 at noon. (Text Only Entry) (Deputy Clerk CRN) (Entered: 06/30/2026)

#28

Jun 30, 2026

RESPONSE to 27 Minute Order by Warden. (Rodriguez, Camilo) (Entered: 06/30/2026)

Jun 30, 2026

Minute Order

Jun 30, 2026

SERVICE BY MAIL: 27 Minute Order, served on Nelson Reis. (Deputy Clerk CRN)

Jun 30, 2026

Service by Mail

#29

Jul 02, 2026

Order AND Order on Motion for TRO

Jul 02, 2026

Service by Mail

Jul 02, 2026

SERVICE BY MAIL: 29 Order, served on Nelson Reis. (Deputy Clerk LMS)