Eastern District of California • 1:26-cv-02269

#1

Mar 24, 2026

CIVIL COVER SHEET filed by Julca Tamara A Nicacio. (Iturbe Cosano, Nuria) (Entered: 03/24/2026)

#2

Mar 24, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd Lyons, Markwayne Mullin, Kristi Noem by Julca Tamara A Nicacio. (Filing fee $ 5, receipt number ACAEDC-13079411) (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Iturbe Cosano, Nuria) Modified on 3/31/2026 (HAH). (Entered: 03/24/2026)

#3

Mar 24, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/24/2026)

#4

Mar 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 24, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 2 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than March 26, 2026. If Petitioner does not intend to file a TRO, he shall notify the Court immediately at mkrueger@caed.uscourts.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/24/2026)

#5

Mar 24, 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: 03/24/2026)

Mar 24, 2026

Minute Order

#6

Mar 25, 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: 03/25/2026)

#7

Mar 26, 2026

REQUEST for 1-DAY EXTENSION of TIME to file a Motion for TRO by Nicacio A. Julca Tamara. (Iturbe Cosano, Nuria) Modified on 4/6/2026 (HAH). (Entered: 03/26/2026)

#8

Mar 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 26, 2026: Petitioner's request for extension (ECF No. 7 ) is GRANTED. Petition may file a motion for temporary restraining order by March 27, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/26/2026)

Mar 26, 2026

Minute Order AND Order on Request

#9

Mar 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Nicacio A. Julca Tamara. (Attachments: # 1 Memorandum, # 2 Declaration of counsel, # 3 Declaration of petitioner, # 4 Proposed order, # 5 Appendix TRO Checklist)(Iturbe Cosano, Nuria) Modified on 3/30/2026 (KLY). (Entered: 03/27/2026)

#10

Mar 27, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 27, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 9 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and/or the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner [A# 235-398-124] under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with the Court's order to immediately release Petitioner by March 30, 2026. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by April 2, 2026 and indicate whether they waive a hearing. Petitioner shall serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/27/2026)

Mar 27, 2026

Minute Order AND Order on Motion for TRO

#11

Mar 30, 2026

NOTICE of Compliance with 3/27/2026 Minute Order by Respondents. (Rodriguez, Camilo) Modified on 3/30/2026 (KLY). (Entered: 03/30/2026)

#12

Apr 02, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd Lyons, Mullin Markwayne, Kristi Noem to 2 Petition for Writ of Habeas Corpus, 10 Minute Order,,,,,,,,,, Order on Motion for TRO,,,,,,,,,. (Rodriguez, Camilo) (Entered: 04/02/2026)

#13

Aug 06, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 10 . The court ordered respondents to show cause why the petition for writ of habeas corpus, ECF No. 2, should not be granted and judgment entered in favor of petitioner. ECF No. 10 . Respondents filed a response arguing that they may mandatorily detain petitioner under 8 U.S.C. § 1225(b)(2). ECF No. 12 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have 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. Accordingly, I hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 2, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 10, 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 fourteen 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 fourteen 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: 08/06/2026)

Aug 06, 2026

Findings and Recommendations

#14

Aug 20, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 13 by Respondents Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd Lyons, Markwayne Mullin, Kristi Noem. (Harman, Joseph) (Entered: 08/20/2026)

#15

Aug 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Sergio Albarran,Joseph Douglas Harman, GOVT for Pamela Bondi,Joseph Douglas Harman, GOVT for Christopher Chestnut,Joseph Douglas Harman, GOVT for Todd Lyons,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for Kristi Noem, attorney Camilo Rodriguez, GOVT terminated (Harman, Joseph) (Entered: 08/20/2026)

#16

Aug 27, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 8/26/2026 ADOPTING 13 Findings and Recommendations in Full and GRANTING 2 Petition for Writ of Habeas Corpus. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7-days' notice and a pre-deprivation hearing before a neutral fact finder where Respondents show by clear and convincing evidence that the government's interest in protectingthe public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative todetention can mitigate that risk. The court is DIRECTED to enter judgment and close this case. CASE CLOSED. (Deputy Clerk AMW) (Entered: 08/27/2026)

#17

Aug 27, 2026

JUDGMENT dated *8/27/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/26/2026. (Deputy Clerk AMW) (Entered: 08/27/2026)