Eastern District of California • 1:26-cv-02865

#1

Apr 16, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by R.E.S.M.. (Filing fee $ 5, receipt number ACAEDC-13191076) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4) (McMahon, Sean) Modified on 4/27/2026 (KS). (Entered: 04/16/2026)

#2

Apr 16, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/21/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/16/2026)

#3

Apr 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. (Anonymous) (Entered: 04/16/2026)

#4

Apr 16, 2026

MOTION for TEMPORARY RESTRAINING ORDER by R.E.S.M.. (Attachments: # 1 TRO Checklist, # 2 Proposed Order, # 3 Declaration) (McMahon, Sean) (Entered: 04/16/2026)

#5

Apr 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. (Anonymous) (Entered: 04/16/2026)

#6

Apr 16, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/16/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two 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 4 Motion for Temporary Restraining Order by 12:00 PM on 4/21/2026. 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 12:00 PM 4/22/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two 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: 04/16/2026)

Apr 16, 2026

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

#7

Apr 21, 2026

OPPOSITION by Respondents Todd W. Blanche, Christopher Chestnut, Orestes L. Cruz, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Rap Sheet, # 3 Exhibit Interim Notice)(Hemesath, Audrey) (Entered: 04/21/2026)

#8

Apr 21, 2026

REPLY in support of 1 Petition by R.E.S.M. (McMahon, Sean) Modified on 4/23/2026 (HAH). (Entered: 04/21/2026)

#9

May 05, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/5/2026: In Respondents' 7 Opposition to Petitioner's 4 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's case from those cited in the court's 6 Order by alleging that Petitioner was lawfully detained following his arrest for spousal battery in violation of California Penal Code § 243(e)(1). Respondents attach Petitioner's [7-1] immigration history and [7-2] FBI RAP sheet reflecting that arrest. Respondents argue this arrest violated the [7-3] terms of Petitioner's parole. Respondents do not argue, however, that Petitioner's arrest makes him subject to mandatory detention under 8 U.S.C. § 1226(c). In his 8 Reply, Petitioner argues that his arrest does not mitigate his liberty interest, and that courts within the Eastern District have released noncitizens under similar conditions. This court has previously found, however, that where the Government asserts a non-pretextual change in circumstance warranting a noncitizen's detention pending removal proceedings, the proper remedy for the Government's failure to provide the noncitizen with a pre-deprivation bond hearing is a post-deprivation bond hearing. (See, e.g., Chateauneuf v. Chestnut, No. 1:26-cv-01073-DC-JDP, 2026 WL 523695, at *5 (E.D. Cal. Feb. 25, 2026); Mendez Roblero v. Bondi, No. 1:26-cv-01550-DC-CSK, 2026 WL 773740, at *4-*5 (E.D. Cal. Mar. 19, 2026). Accordingly, for the reasons explained in Chateauneuf and Mendez Roblero, Petitioner's 4 Motion for a Temporary Restraining Order is GRANTED IN PART as follows: (1) Respondents shall, within fourteen (14) days of issuance of this Order, provide Petitioner R.E.S.M. (A-249-491-913) with a bond hearing before an Immigration Judge at which the Government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence; and (2) Petitioner's request for immediate release is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/05/2026)

May 05, 2026

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

#10

Oct 30, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/29/2026 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that where the district court previously ordered that petitioner be provided with a bond hearing, no further relief on the petition is warranted; and that the Clerk of Court be directed to enter judgment for petitioner and close this case. Referred to Judge District Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)