Eastern District of California • 1:26-cv-03076

#1

Apr 22, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Enier Alonso Alvarez. (Deputy Clerk AMW) (Entered: 04/22/2026)

#2

Apr 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Enier Alonso Alvarez. (Deputy Clerk AMW) (Entered: 04/22/2026)

#3

Apr 22, 2026

MOTION to APPOINT COUNSEL by Enier Alonso Alvarez. (Deputy Clerk AMW) (Entered: 04/22/2026)

#4

Apr 22, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 04/22/2026)

#5

Apr 22, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/22/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Friday, 4/24/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 04/22/2026)

Apr 22, 2026

SERVICE BY MAIL: 5 Minute Order served on Enier Alonso Alvarez. (Deputy Clerk PAB)

Apr 22, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Enier Alonso Alvarez. (Deputy Clerk AMW)

Apr 22, 2026

Minute Order

Apr 22, 2026

Service by Mail

#6

Apr 23, 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: 04/23/2026)

#7

Apr 24, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Hemesath, Audrey) Modified on 5/1/2026 (KS). (Entered: 04/24/2026)

#8

Apr 29, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/29/2026: On 4/22/2026, petitioner filed motion for temporary restraining order. (Doc. No. 2 .) On 4/24/2026, respondent filed an opposition (Doc. No. 7 ) to that motion. In its opposition, respondent argues that petitioner is subject to mandatory detention by virtue of being present in the United States (id. at 1-3), an argument that the undersigned has rejected on several recent occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (E.D. Cal. Feb. 12, 2026) (rejecting the respondents' interpretation of § 1225). Additionally, respondents argue that petitioner has violated the conditions of his release by being charged with a crime. (Doc. No. 7 at 3.) Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), in which the court concluded that a prior release of the petitioner created an implicit promise by the respondents that the petitioner's release would only be revoked on the basis that he failed to comply with the terms of his release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, at this preliminary stage of the litigation, the facts appear as follows. Petitioner entered the United States on or about 7/7/2022, encountered immigration authorities, and was released on his own recognizance on 7/10/2022. (Doc. Nos. [7-1] at 2; [7-3] at 3.) On 2/21/2026, petitioner was detained by immigration authorities. (Doc. No. [7-1] at 1.) However, as the court found in O.A.C.S., petitioner appears to have been arrested for purported violations of his supervised release and petitioner has not demonstrated that those reasons are clearly pretextual. Accordingly, pursuant to the reasoning in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED IN PART. The court ORDERS the following: Respondent is ordered to provide petitioner with a bond hearing where respondents will bear the burden to demonstrate by clear and convincing evidence that petitioner poses a danger to the community or a flight risk within fourteen (14) days of the date of entry of this order. See Singh v. Holder, 638 F.3d 1196, 1204 (9th Cir. 2011) (finding that the "clear and convincing evidence" standard applied to the appellant's bond hearing because that bond hearing was required by due process and involved a strong liberty interest in release); see also Martinez v. Clark, 124 F.4th 775, 784 (9th Cir. 2024) (recognizing that burden shifting to the government may occur in bond hearings ordered pursuant to procedural due process); Pablo Sequen v. Albarran, 806 F. Supp. 3d 1069, 1092 (N.D. Cal. 2025) (holding that the "clear and convincing evidence" standard applied to the petitioner's bond hearings where the petitioner had previously been released and explaining in detail the distinctions between a re-detention hearing and an initial detention hearing pursuant to § 1226(a)) (discussing Rodriguez Diaz v. Garland, 53 F.4th 1189 (9th Cir. 2022)). Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. This action is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk RAA) (Entered: 04/29/2026)

Apr 29, 2026

Minute Order AND Order on Motion for TRO

Apr 29, 2026

Service by Mail

Apr 29, 2026

SERVICE BY MAIL: 8 Minute Order served on Enier Alonso Alvarez. (Deputy Clerk RAA)

#9

May 04, 2026

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

May 04, 2026

SERVICE BY MAIL: 9 Order and Application to Proceed in Forma Pauperis for a Non-Prisoner Form served on Enier Alonso Alvarez. (Deputy Clerk OML)

May 04, 2026

Service by Mail

#10

May 11, 2026

MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/11/2026: The Court has been notified of Counsel's contact information, pursuant to the 5/4/2026 9 Order. Attorney Benjamin F. Hall is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Benjamin F. Hall as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 05/11/2026)

May 11, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

May 21, 2026

Notice of Appearance

#12

May 21, 2026

Miscellaneous Relief

#13

Jun 03, 2026

STIPULATION and PROPOSED ORDER for Dismissal as Moot by Parties.(Hemesath, Audrey) Modified on 6/4/2026 (KS). (Entered: 06/03/2026)

#14

Jul 13, 2026

Order Dismissing Case AND Order on Motion for Miscellaneous Relief AND Order on Motion to Appoint Counsel