Eastern District of California • 1:26-cv-02663

#1

Apr 09, 2026

PETITION for WRIT of HABEAS CORPUS against Merrick Garland, Todd M. Lyons, Kristi Noem, Warden by Efrain Miza Chipix. (Deputy Clerk AMW) (Entered: 04/09/2026)

#2

Apr 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Efrain Miza Chipix. (Deputy Clerk AMW) (Entered: 04/09/2026)

#3

Apr 09, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 04/09/2026)

#4

Apr 09, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/9/2026: 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., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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 4/14/2026. 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 4/24/2026. 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 CRS) (Entered: 04/09/2026)

Apr 09, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Efrain Miza Chipix. (Deputy Clerk AMW)

Apr 09, 2026

RECEIPT number 200018327 for $5.00 from Efrain Miza Chipix. (Deputy Clerk AJB)

Apr 09, 2026

Service by Mail

Apr 09, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Efrain Miza Chipix. (Text Only Entry) (Deputy Clerk CRS)

Apr 09, 2026

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

#5

Apr 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: 04/12/2026)

#6

Apr 13, 2026

OPPOSITION to 1 Petition by Respondents Merrick Garland, Todd M. Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit Bond Decision)(Hemesath, Audrey) Modified on 4/27/2026 (HAH). (Entered: 04/13/2026)

#7

Apr 14, 2026

CERTIFICATE / PROOF of SERVICE by Merrick Garland, Todd M. Lyons, Kristi Noem, Warden re 6 Opposition. (Hemesath, Audrey) (Entered: 04/14/2026)

#8

May 04, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/4/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents allege that, contrary to the allegations in Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order, Petitioner has received a bond hearing at which the Immigration Judge denied bond, finding that Petitioner is a flight risk. Respondents attach that [6-1] Order in which the Immigration Judge finds that "Respondent is a significant flight risk" because he attempted to flee ICE apprehension. To the extent Petitioner challenges the sufficiency of evidence supporting the Immigration Judge's determination, that is a matter properly raised before the Board of Immigration Appeals, not this court. Loba L.M. v. Andrews, No. 1:25-cv-00611-JLT-SAB, 2026 WL 710307, at *8 (E.D. Cal. Marc. 13, 2026) ("Petitioner challenges the sufficiency of the evidence supporting the immigration judge's bond determination rather than the constitutionality of the process by which that determination was reached... Complaints about the conclusion the IJ reached must be presented through the normal immigration appeal process."). Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/04/2026)

May 04, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. 8, served on Efrain Miza Chipix. (Text Only Entry) (Deputy Clerk CRS)

May 04, 2026

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

May 04, 2026

Service by Mail

#9

May 05, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/05/2026. 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: 05/05/2026)

May 05, 2026

Minute Order

May 05, 2026

Service by Mail

May 05, 2026

SERVICE BY MAIL: 9 Minute Order served on Efrain Miza Chipix. (Deputy Clerk JAA)

#10

May 26, 2026

BRIEF in support of 1 Petition for Writ of Habeas Corpus by Efrain Miza Chipix. (Deputy Clerk JAW) Modified on 6/2/2026 (HAH). (Entered: 05/28/2026)

#11

May 26, 2026

NOTICE of Respondents' failure to file further Answer and REQUEST to GRANT IMMEDIATE RELEASE by Efrain Miza Chipix. (Deputy Clerk JAW) (Entered: 05/28/2026)

#12

May 28, 2026

NOTICE of Respondents' Failure to File Further Answer and REQUEST to Deem Matter Submitted and For Expedited Ruling by Efrain Miza Chipix. (Deputy Clerk KEZ) (Entered: 05/29/2026)

#13

Jun 18, 2026

SUPPLEMENTAL EVIDENCE in support of 1 Petition for Writ of Habeas Corpus and REQUEST for EXPEDITED RULING by Efrain Miza Chipix. (Deputy Clerk JAW) (Entered: 06/23/2026)

#14

Jul 31, 2026

RENEWED MOTION for EXPEDITED RULING and NOTICE of Continued Detention by Efrain Miza Chipix. (Deputy Clerk KML (Entered: 08/04/2026)

#15

Aug 17, 2026

NOTICE of INTERLOCUTORY APPEAL by Efrain Miza Chipix as to 8 Minute Order. (Deputy Clerk LMS) (Entered: 08/18/2026)

#16

Aug 19, 2026

APPEAL PROCESSED to Ninth Circuit re 15 Notice of Interlocutory Appeal filed by Efrain Miza Chipix. Notice of Appeal filed *8/17/2026*, Complaint filed *4/9/2026* and Appealed Order / Judgment filed *8/4/2026*. Court Reporter: *N/A*. *Fee Status: Not Paid - Billed* Bill for fees due sent to *Efrain Miza Chipix* (Attachments: # 1 Appeal Information, # 2 Bill for Appeal Fee) (Deputy Clerk LMS) (Entered: 08/19/2026)

Aug 19, 2026

Service by Mail

Aug 19, 2026

SERVICE BY MAIL: 16 Appeal Processed to USCA, served on Efrain Miza Chipix. (Deputy Clerk LMS)

#17

Aug 20, 2026

USCA CASE NUMBER 26-5366 for 15 Notice of Interlocutory Appeal filed by Efrain Miza Chipix. (Deputy Clerk VLK) (Entered: 08/20/2026)

Aug 20, 2026

USCA Case Number

#18

Aug 24, 2026

MOTION for LEAVE to File Amended Petition for Writ of Habeas Corpus by Efrain Miza Chipix. (Deputy Clerk KML) (Entered: 08/26/2026)

#19

Aug 24, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Efrain Miza Chipix. (Deputy Clerk KML) (Entered: 08/26/2026)

#20

Aug 24, 2026

RENEWED MOTION for TEMPORARY RESTRAINING ORDER by Efrain Miza Chipix. (Deputy Clerk KML) (Entered: 08/26/2026)

#21

Aug 26, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/26/2026: The court has reviewed Petitioner's 19 First Amended Petition for Writ of Habeas Corpus and 20 Renewed Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the First Amended Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). This court has also 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 19 First Amended Petition for Writ of Habeas Corpus, 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 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 20 Renewed Motion for Temporary Restraining Order by 12:00 PM on 9/1/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's aforementioned cases. Petitioner may file a Reply by 9/17/2026. 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 MCF) (Entered: 08/26/2026)

Aug 26, 2026

Service by Mail

Aug 26, 2026

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

Aug 26, 2026

SERVICE BY MAIL: 21 Minute Order served on Efrain Miza Chipix. (Deputy Clerk MCF)

#22

Aug 27, 2026

OPPOSITION by Respondents Merrick Garland, Todd M. Lyons, Kristi Noem, Warden to 19 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Removal Order)(Hemesath, Audrey) (Entered: 08/27/2026)

#23

Sep 01, 2026

SUPPLEMENTAL BRIEF in support of 19 First Amended Petition by Efrain Miza Chipix. (Deputy Clerk LMS) Modified on 9/4/2026 (HAH). (Entered: 09/02/2026)

#24

Sep 01, 2026

REPLY to 22 Opposition; REQUEST for Merits Disposition and Immediate Release by Efrain Miza Chipix. (Deputy Clerk LMS) Modified on 9/4/2026 (HAH). (Entered: 09/02/2026)

#25

Sep 25, 2026

REQUEST for prompt merits disposition and final decision by Efrain Miza Chipix. (Deputy Clerk KML) (Entered: 09/28/2026)

#26

Sep 30, 2026

MOTION for EXPEDITED RESOLUTION by Efrain Miza Chipix. (Deputy Clerk VLK) (Entered: 10/01/2026)

#27

Oct 01, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/1/2026: In Petitioner's 20 Renewed Motion for Temporary Restraining Order, Petitioner requests his immediate release from immigration detention, or in the alternative, a renewed bond hearing at which he may argue that changed circumstances warrant his release from immigration detention. In Respondents' 22 Opposition, Respondents argue that Petitioner has already received the relief he is entitled to pursuant to the court ordered bond hearing provided to Petitioner on 3/18/2026. While it is true that Petitioner has already received a bond hearing, over six months have passed since Petitioner's previous bond hearing. Further, the documents provided demonstrate that at that initial hearing, Petitioner bore the burden of justifying his release. This court has previously found that where due process requires that noncitizens be provided with a bond hearing due to the noncitizen's prolonged detention, the Government must bear the burden at that hearing. See, e.g., Garcia v. Warden of Golden State Annex Det. Facility, No. 1:26-cv-01386-DC-AC, 2026 WL 981170, at *5 (E.D. Cal. Apr. 13, 2026). Accordingly, consistent with this court's prior Orders, the court finds that due process requires Petitioner be provided another bond hearing at which the Government bears the burden of justifying his continued detention. Petitioner's 20 Renewed Motion for Temporary Restraining Order is GRANTED as follows: (1) Within fourteen (14) days, Respondents are ORDERED to provide Petitioner Efrain Miza Chipix (A-221-453-423) 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; (2) Respondents are ORDERED to provide Petitioner and his Counsel with seven (7) days' advance notice of the date and time of the scheduled bond hearing and allow Petitioner to have Counsel present at the hearing should he so desire; (3) Within seventeen (17) days of the date of entry of this Order, Respondents are ORDERED to file a Status Report with this court certifying compliance with this Order and attaching, as applicable, the Immigration Judge's Order from the bond hearing. The Clerk of the Court is DIRECTED to serve this Order on the California City Detention Center. This matter is REFERRED back to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (cc: ICE-California City) (Deputy Clerk CRS) (Entered: 10/01/2026)

Oct 01, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 27, served on Efrain Miza Chipix. (Text Only Entry) (Deputy Clerk CRS)

Oct 01, 2026

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

Oct 01, 2026

Service by Mail

#28

Oct 14, 2026

STATUS REPORT by Merrick Garland, Todd M. Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hemesath, Audrey) (Entered: 10/14/2026)

#29

Oct 23, 2026

STATUS REPORT by Merrick Garland, Todd M. Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit 1)(Hemesath, Audrey) (Entered: 10/23/2026)