Eastern District of California • 1:26-cv-02502

#1

Apr 02, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Antonio Chirino Turcas. (Deputy Clerk OML) (Entered: 04/02/2026)

#2

Apr 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Antonio Chirino Turcas. (Deputy Clerk OML) (Entered: 04/02/2026)

#3

Apr 02, 2026

MOTION for APPOINTMENT of COUNSEL by Antonio Chirino Turcas. (Deputy Clerk OML) (Entered: 04/02/2026)

#4

Apr 02, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/02/2026)

#5

Apr 02, 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: 04/02/2026)

#6

Apr 02, 2026

MINUTE ORDER signed by District Judge Dena M. Coggins on 4/2/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count one of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 4/7/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 4/20/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 04/02/2026)

Apr 02, 2026

Service by Mail

Apr 02, 2026

SERVICE BY MAIL: 6 Minute Order served on Antonio Chirino Turcas. (Deputy Clerk JRW)

Apr 02, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Antonio Chirino Turcas. (Deputy Clerk OML)

Apr 02, 2026

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

#7

Apr 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, attorney Walter Bocchini, GOVT terminated (Yu, Jonathan) (Entered: 04/06/2026)

#8

Apr 07, 2026

RESPONSE to 4/02/2026 Minute Order, OPPOSITION to 2 Injunctive Relief, and ANSWER to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Yu, Jonathan) Modified on 4/8/2026 (KLY). (Entered: 04/07/2026)

Apr 09, 2026

RECEIPT number 100007850 for $5.00 for Antonio Chirino Turcas from Antonio Chirino Turcas. (Deputy Clerk EF)

#9

Apr 20, 2026

TRAVERSE/REPLY by Antonio Chirino Turcas. (Deputy Clerk AMW) Modified on 4/23/2026 (KS). (Entered: 04/21/2026)

#10

Apr 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. (Deputy Clerk KML) (Entered: 04/28/2026)

#11

May 01, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/1/2026: In Respondents' 8 Opposition to Petitioner's 2 Motion for Temporary Restraining Order, Respondents differentiate Petitioner's case from those cited in the court's 6 Order by arguing that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c). Specifically, Respondents assert that Petitioner was detained by immigration authorities following his arrest for grand theft in violation of California Penal Code § 487, and he is therefore mandatorily detained under 8 U.S.C. § 1226(c)(1)(E), which subjects noncitizens charged with, arrested for, or convicted of certain acts, including theft, larceny, and shoplifting, to mandatory detention. (See Doc. No. 8 at 2.) Respondents attach Petitioner's [8-5] FBI RAP sheet reflecting this arrest. The Supreme Court has found mandatory detention without a bond hearing under 8 U.S.C. § 1226(c) to be constitutional. See Demore v. Kim, 538 U.S. 510, 531 (2003). In his 9 Reply, Petitioner does not dispute his arrest for grand theft, or that it subjects him to detention under 8 U.S.C. § 1226(c), but he argues that he is constitutionally entitled to relief due to his unreasonably prolonged immigration detention. While this court has found that noncitizens who have been detained for lengthy periods of time and who are subject to mandatory detention are entitled to an individualized bond hearing, here, Petitioner has been detained for only approximately six weeks. See, e.g., Garcia v. Warden, No. 1:26-cv-01386-DC-AC, 2026 WL 981170, at *6 (E.D. Cal. Apr. 13, 2026) (finding that noncitizen subject to mandatory detention under 8 U.S.C. § 1226(c) was entitled to subsequent custody redetermination hearing where it had been two years since his prior hearing); Singh v. Albarran, No. 1:26-cv-00940-DC-DMC, 2026 WL 3921169, at *6 (E.D. Cal. Feb. 12, 2026) (same as to noncitizen detained under 1226(c) for twelve months without bond hearing). Thus, the court finds that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c), and his six-week long detention is not unreasonably prolonged. Petitioner's 2 Motion for Temporary Restraining Order is DENIED WITHOUT PREJUDICE to Petitioner filing a renewed motion if his detention becomes unreasonably prolonged. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/01/2026)

May 01, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 11, served on Antonio Chirino Turcas. (Text Only Entry) (Deputy Clerk CRS)

#12

May 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorneys Robert Joseph Beles and Emilio Tomas Parker for Antonio Chirino Turcas. (Beles, Robert) (Entered: 05/07/2026)

#13

May 08, 2026

REPLY to 8 Opposition by Antonio Chirino Turcas. (Beles, Robert) Modified on 5/12/2026 (HAH). (Entered: 05/08/2026)

#14

Jun 09, 2026

MOTION to AMEND the 1 Petition for Writ of Habeas Corpus by Antonio Chirino Turcas. (Beles, Robert) (Entered: 06/09/2026)

#15

Jun 09, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Antonio Chirino Turcas.(Beles, Robert) (Entered: 06/09/2026)

#16

Jun 09, 2026

AMENDED MOTION for TEMPORARY RESTRAINING ORDER by Antonio Chirino Turcas. (Beles, Robert) (Entered: 06/09/2026)

#17

Jun 10, 2026

MINUTE ORDER issued on 6/10/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: The court has reviewed Petitioner's 16 Amended Motion for Temporary Restraining Order. In his Amended Motion, Petitioner contends that his mandatory detention under the Laken Riley Act, 8 U.S.C. § 1226(c)(1)(E)(ii), is unconstitutional as applied to Petitioner because Petitioner has not been convicted of the grand theft charge that Respondents contend mandates his detention. Petitioner's argument is unavailing. While this court, and others in this district, have found that mandatory detention under the Laken Riley Act cannot be predicated on dismissed charges, Petitioner does not cite any authorities stating that a noncitizen cannot be constitutionally detained pending removal proceedings while criminal charges remain pending. See Singh v. Wofford, No. 1:26-cv-01161-KES-EPG, 2026 WL 972547, at *2 (E.D. Cal. Apr. 10, 2026) ("By using the present tense, § 1226(c)(1)(E)(ii) establishes that detention is mandatory only so long as the charges either remain pending or are resolved in a way that triggers one of the other clauses of the statute, such as by a conviction.") (citation omitted). Thus, Petitioner fails to demonstrate a likelihood of success on the merit of his claim that his current detention violates his constitutional right to due process, and his 16 Amended Motion for Temporary Restraining Order is therefore DENIED. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/10/2026)

Jun 10, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#18

Jun 15, 2026

(DISREGARD PER CLERK'S NOTICE FILED AT DOC. NO. 19) RESPONSE to 4, 6, 17 ORDER to SHOW CAUSE by Antonio Chirino Turcas. Attorney Assaf, Nisreen Fakhouri added. (Attachments: # 1 Exhibit 1i213, # 2 Exhibit 2rap sheet, # 3 Exhibit 3merit hearing, # 4 Exhibit 4ij bond, # 5 Exhibit 5ij bond, # 6 Exhibit 6id docs)(Assaf, Nisreen) (Docket Text Modified on 6/15/2026 by CRS: Disregard Language Added.) (Entered: 06/15/2026)

#19

Jun 15, 2026

CLERK'S NOTICE of DOCKET CORRECTION: The Response to Order to Show Cause; Motion to Dismiss Petition for Writ of Habeas Corpus, filed at Doc. No. 18, was intended for Case No.: 1:26-cv-04324-DC-SCR (HC), Moreno Mahecha v. Warden Central Valley Annex. Accordingly, the filing shall be DISREGARDED in this case, Case No. 1:26-cv-02502-DC-EFB (HC), Turcas v. Warden. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/15/2026)

#20

Aug 05, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/05/2026)

#21

Aug 27, 2026

MOTION to AMEND the 15 Amended Petition for Writ of Habeas Corpus by Antonio Chirino Turcas. (Beles, Robert) Modified on 8/28/2026 (KLY). (Entered: 08/27/2026)

#22

Aug 27, 2026

SECOND AMENDED PETITION for WRIT of HABEAS CORPUS by Antonio Chirino Turcas. (Attachments: # 1 Exhibit)(Beles, Robert) (Entered: 08/27/2026)

#23

Aug 27, 2026

SECOND AMENDED MOTION for TEMPORARY RESTRAINING ORDER by Antonio Chirino Turcas. (Attachments: # 1 Exhibit)(Beles, Robert) Modified on 8/28/2026 (KLY). (Entered: 08/27/2026)

#24

Aug 28, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/28/2026: The court has reviewed Petitioner's 22 Second Amended Petition for a Writ of Habeas Corpus and 23 Amended Motion for a Temporary Restraining Order. This court has previously held that noncitizens are entitled to a bond hearing when their immigration detention has grown prolonged, and an extended period of time has elapsed since receiving any such hearing. See Cobis-Gamboa v. Warden, Cal. City ICE Det. Fac., No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504 (E.D. Cal. June 24, 2026) (granting habeas petition and ordering a bond hearing for the petitioner who was detained under § 1226(c) for over six months without a bond hearing); Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026) (granting temporary restraining order and ordering a second bond hearing where nine months had elapsed since the petitioner had received a bond hearing during their detention under § 1225(b)). The court is contemplating ruling directly on the 22 Second Amended Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Amended Motion. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 23 Amended Motion for a Temporary Restraining Order by 12:00 PM on 9/4/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from this court's aforementioned cases. Petitioner may file a Reply by 12:00 PM on 9/11/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/28/2026)

#25

Aug 28, 2026

DESIGNATION of COUNSEL FOR SERVICE., attorney Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 08/28/2026)

Aug 28, 2026

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

#26

Sep 02, 2026

RESPONSE by Warden to 23 Motion for Temporary Restraining Order, 22 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Soto-Perez, Gabriel) (Entered: 09/02/2026)

#27

Sep 04, 2026

TRAVERSE/REPLY by Antonio Chirino Turcas. (Beles, Robert) Modified on 9/8/2026 (KS). (Entered: 09/04/2026)

#28

Sep 18, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: Petitioner's 21 motion to amend the petition is GRANTED, and the 22 Second Amended Petition is the operative petition. In Petitioner's 23 Second Amended Motion for a Temporary Restraining Order, Petitioner contends that his six-month immigration detention under 8 U.S.C. § 1226(c)(1)(E) has become unconstitutionally prolonged because Respondents have not proven before a neutral adjudicator that Petitioner's continued detention is warranted. In Respondents' 26 Opposition, Respondents contend that Petitioner's detention has not grown unconstitutionally prolonged because on 8/17/2026, Petitioner appeared before an immigration judge "who determined Petitioner is subject to [mandatory] § 1226(c)(1)(E) detention and, in the alternative, found Petitioner both a flight risk and a danger." However, in the immigration judge's [26-2] order, after finding that Petitioner was subject to mandatory detention, the immigration judge merely stated "[i]n the alternative Danger/Flight." Thus, it is unclear what evidence the immigration judge relied upon in reaching that determination, and whether Petitioner or Respondents bore the burden of showing that Petitioner's continued detention was warranted. This court has previously found that noncitizens subject to mandatory detention under § 1226(c) are entitled to a bond hearing where the government bears the burden of justifying their continued detention where that detention has grown prolonged. See, e.g., Cobis-Gamboa v. Warden, Cal. City ICE Detention Facility, No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504, at *2 (E.D. Cal. June 24, 2026) (ordering government to provide noncitizen a bond hearing where government bore the burden of justifying continued detention where noncitizen's detention under § 1226(c) exceeded six months). Accordingly, Petitioner's 23 Second Amended Motion for a Temporary Restraining Order is GRANTED as follows: within fourteen (14) days, Respondents are ordered to provide Petitioner Antonio Chirino Turcas (A-240-843-959) a bond hearing before an immigration judge at which the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified. This matter is REFERRED back to the assigned magistrate judge. (Text Only Entry) (Deputy Clerk MCF) (Entered: 09/18/2026)

Sep 18, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Amend the Complaint

#29

Oct 07, 2026

MOTION to ENFORCE JUDGMENT by Antonio Chirino Turcas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Beles, Robert) (Entered: 10/07/2026)

#30

Oct 13, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/13/2026: The court is in receipt of Petitioner's 29 Motion to Enforce Judgment. Respondents shall file an Opposition or Statement of Non-Opposition by 12:00 PM on 10/15/2026. Respondents shall include with their response an audio recording or transcript of Petitioner's bond hearing. Petitioner may file a Reply by 12:00 PM on 10/16/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 10/13/2026)

Oct 13, 2026

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

#31

Oct 14, 2026

DIGITAL AUDIO RECORDING of Bond - Mic 1 filed by Warden. Date & Time 09/28/2026, Duration 00:11:31. File size [3.9 MB]. (Soto-Perez, Gabriel) (Entered: 10/14/2026)

#32

Oct 14, 2026

DIGITAL AUDIO RECORDING of Bond - Mic 2 filed by Warden. Date & Time 09/28/2026, Duration 00:11:31. File size [3.9 MB]. (Soto-Perez, Gabriel) (Entered: 10/14/2026)

#33

Oct 14, 2026

OPPOSITION by Warden to 29 Motion to Enforce Judgment. (Soto-Perez, Gabriel) (Entered: 10/14/2026)

#34

Oct 16, 2026

REPLY to 33 Opposition to Motion to Enforce by Antonio Chirino Turcas. (Beles, Robert) Modified on 10/19/2026 (KS). (Entered: 10/16/2026)