Eastern District of California • 1:26-cv-02907

#1

Apr 17, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correction Center by Luis Alberto Astudillo Serey. (Deputy Clerk VLK) (Entered: 04/21/2026)

#2

Apr 17, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Luis Alberto Astudillo Serey. (Deputy Clerk VLK) (Entered: 04/21/2026)

Apr 17, 2026

RECEIPT number 100007936 for $5.00 for filing fee from Luis Alberto Astudillo Serey. (Deputy Clerk VLK)

#3

Apr 21, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 04/21/2026)

#4

Apr 21, 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: 04/21/2026)

Apr 21, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Luis Alberto Astudillo Serey. (Deputy Clerk VLK)

Apr 21, 2026

Service by Mail

#5

Apr 22, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/22/2026: 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 4/24/2026. 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 5/8/2026. 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: 04/22/2026)

Apr 22, 2026

Service by Mail

Apr 22, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Luis Alberto Astudillo Serey. (Text Only Entry) (Deputy Clerk CRS)

Apr 22, 2026

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

#6

Apr 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correction Center. Attorney Audrey Benison Hemesath, GOVT terminated. (Andrews, Anthony) (Entered: 04/23/2026)

#7

Apr 24, 2026

RETURN on 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order by Warden, California City Correction Center. (Andrews, Anthony) Modified on 4/29/2026 (HAH). (Entered: 04/24/2026)

#8

May 12, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 5/12/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's case from those cited in the court's 5 order by emphasizing that Petitioner was detained by immigration authorities following his conviction in Palm Beach County for battery of a law enforcement officer. Respondents attach Petitioner's FBI RAP sheet reflecting that conviction. Thus, Respondents argue that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(E), which requires mandatory detention of noncitizens who have, as relevant here, been "convicted of... assault of a law enforcement officer." The Supreme Court has determined that mandatory detention without a bond hearing under that statute passes constitutional muster. Demore v. Kim, 538 U.S. 510 (2003). Petitioner had not filed a Reply responding to Respondents' allegations and his time to do so has expired. Thus, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his detention is in violation of his statutory or constitutional rights and his 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 MCF) (Entered: 05/12/2026)

#9

May 12, 2026

Miscellaneous Relief

May 12, 2026

Minute Order AND Order on Motion for TRO

May 13, 2026

Service by Mail

May 13, 2026

SERVICE BY MAIL: ECF 8, Minute Order served on Luis Alberto Astudillo Serey. (Deputy Clerk KLY)

#10

May 29, 2026

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

May 29, 2026

SERVICE BY MAIL: 10 Order served on Luis Alberto Astudillo Serey. Copy of 10 Order and 1 Petition served on Federal Defender Habeas Appointment via email. (Deputy Clerk HAH)

May 29, 2026

Service by Mail

#11

Jun 05, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 6/5/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 10 . Attorney Toni White is hereby appointed nunc pro tunc to 6/5/2026 as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Toni LaShay White, Law Office of Toni White, PO Box 1081, El Dorado, CA 95623, toniwhite6311@gmail.com, as CJA counsel for petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 5/29/2026, order (ECF No. 10 ) (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) (Entered: 06/05/2026)

Jun 05, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#12

Jun 19, 2026

Request

#13

Jun 23, 2026

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

#14

Jun 23, 2026

Order

#15

Jul 03, 2026

Amended Petition for Writ of Habeas Corpus

#16

Jul 08, 2026

Request

#17

Jul 10, 2026

ANSWER to 15 First Amended Petition for Writ of Habeas Corpus by Warden, California City Correction Center. (Andrews, Anthony) Modified on 7/15/2026 (KS). (Entered: 07/10/2026)

#18

Jul 13, 2026

TRAVERSE/REPLY by Luis Alberto Astudillo Serey. (White, Toni) Modified on 7/16/2026 (KS). (Entered: 07/13/2026)

#19

Jul 14, 2026

Findings and Recommendations

#20

Jul 28, 2026

Request

#21

Jul 28, 2026

STATEMENT of No Objection to Findings and Recommendations at ECF No 19 filed by Petitioner Luis Alberto Astudillo Serey re 19 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 7/13/2026 recommending that Petitioner's 16 Request to Stay Transfer Out of The Eastern District of California be denied. re 16 Request filed by Luis Alberto Astudillo. (White, Toni) (Entered: 07/28/2026)