Eastern District of California • 2:26-cv-00823

#1

Mar 11, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Jose De La Cruz-Soto. (Deputy Clerk VLC) Modified on 3/11/2026 (KLY). (Entered: 03/11/2026)

#2

Mar 11, 2026

MOTION for TEMPORARY RESTRAINING ORDER and for PRELIMINARY INJUNCTION by Jose De La Cruz-Soto. (Deputy Clerk VLC) Modified on 3/11/2026 (KLY). (Entered: 03/11/2026)

#3

Mar 11, 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: 03/11/2026)

#4

Mar 11, 2026

AMENDED PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED for correction of Petitioner's Last Name. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KLY) (Entered: 03/11/2026)

#5

Mar 11, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/11/2026: (Text Only Entry). 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 courts 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 respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. 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 Friday, 3/13/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's prior decisions in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) and Quichimbo-Jimenez v. Warden, California City Correctional Center, No. 2:26-cv-00739-DAD-EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 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 and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk APM) (Entered: 03/11/2026)

Mar 11, 2026

Service by Mail

Mar 11, 2026

SERVICE BY MAIL: 4 Amended Prisoner New Case Documents served on Jose De La Cruz-Soto with corrected spelling of last name and address. (Deputy Clerk KLY)

Mar 11, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Jose De La Curz Soto. (Deputy Clerk VLC)

Mar 11, 2026

Minute Order

#6

Mar 12, 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: 03/12/2026)

Mar 12, 2026

Service by Mail

Mar 12, 2026

SERVICE BY MAIL: 5 Minute Order served on Jose De La Cruz-Soto. (Deputy Clerk JRM)

Mar 12, 2026

RECEIPT number 200017645 for $5.00 from Jose De La Cruz-Soto. (Deputy Clerk OML)

#7

Mar 13, 2026

Opposition to Motion

#8

Mar 13, 2026

Opposition to Motion

#9

Mar 16, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/16/2026: On 3/11/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on or about May 1999, and on 1/23/2026, he was detained by ICE during a traffic stop without any warning, paperwork, or legitimate reason. (Doc. No. 2 at 3-4.) Also on 3/11/2026, the court set a briefing schedule on petitioner's pending motion, ordering respondent to substantively address in that opposition whether any provision of law or fact in this case would distinguish it from the situations addressed by this court's decisions in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) and Quichimbo-Jimenez v. Warden, California City Correctional Center, No. 2:26-cv-00739-DAD-EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026). (Doc. No. 5.) Respondent's opposition concedes that "[c]ounsel has reviewed the cases cited in the Court's minute order and acknowledge that this matter is not substantively distinguishable." (Doc. No. 7 at 3.) Additionally, "[r]espondents do not oppose the Court converting the motion for temporary restraining order into a motion for preliminary injunction[.]" (Id.) Accordingly, pursuant to the court's reasoning as set forth in Rangel and Quichimbo-Jimenez, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and GRANTED in part, and the court ORDERS the following: (1) Respondent is ORDERED to provide petitioner with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within ten (10) days of the date of entry of this order or else immediately release petitioner from custody; and (2) petitioner's request for a temporary restraining order requiring respondent to immediately release him from confinement is DENIED without prejudice. 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. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Allison Claire for further proceedings. (Deputy Clerk PAB) (Entered: 03/16/2026)

Mar 16, 2026

Minute Order AND Order on Motion for TRO

Mar 16, 2026

Service by Mail

Mar 16, 2026

SERVICE BY MAIL: 9 Minute Order served on Jose De La Cruz-Soto. (Deputy Clerk PAB)

#10

Mar 19, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 03/19/2026. The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and the filings in this action. If further briefing and evidence is needed, respondents may file an answer within fourteen days from the date of this order. Petitioner may file a traverse within seven days of the date an answer is filed or due. If no further briefing is filed, the matter will be deemed submitted. (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/19/2026)

Mar 19, 2026

Service by Mail

Mar 19, 2026

Minute Order

Mar 19, 2026

SERVICE BY MAIL: 10 Minute Order served on Jose De La Cruz-Soto. (Deputy Clerk JAA)

Mar 25, 2026

MAIL RETURNED as Undeliverable-Unable to Forward; Sent to CCI General Mail, PO Box 1031, Tehachapi, CA 93581: 3 Prisoner New Case Documents sent to Jose De La Cruz-Soto 097-700-438. Notice of Change of Address due by 5/4/2026. (Deputy Clerk AMW)

#11

Apr 01, 2026

RESPONSE by Warden to 1 Petition for Writ of Habeas Corpus. (Weger, Shelley) (Entered: 04/01/2026)

#12

Apr 02, 2026

Notice (Other)

#13

Apr 27, 2026

Request

#14

Apr 27, 2026

RESPONSE by Warden to 13 Request. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Weger, Shelley) (Entered: 04/27/2026)

#15

May 29, 2026

Dismiss

#16

Jun 01, 2026

CLERK'S NOTICE of VOLUNTARY DISMISSAL (Text Only Entry): This action is DISMISSED without prejudice pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Deputy Clerk KLY) (Entered: 06/01/2026)

Jun 01, 2026

SERVICE BY MAIL: ECF No. 16, Clerk's Notice of Voluntary Dismissal served on Jose De La Cruz-Soto. (Deputy Clerk KLY)

Jun 01, 2026

Service by Mail

Jun 01, 2026

Notice of Voluntary Dismissal

#17

Jun 10, 2026

Notice of Related Case