Eastern District of California • 1:26-cv-03167

#1

Apr 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Heber Audias Avila Ortega. (REMARK: $5.00 Filing Fee Received. Receipt to be docketed 04/28/26) (Deputy Clerk AJB) (Entered: 04/27/2026)

#2

Apr 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Heber Audias Avila Ortega. (Deputy Clerk AJB) (Entered: 04/27/2026)

#3

Apr 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 6/1/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 04/27/2026)

#4

Apr 27, 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: 04/27/2026)

#5

Apr 27, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/27/2026: (Text Only Entry).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 respondents 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. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously).The Clerk of the Court is directed to serve respondent. 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 on Wednesday, 4/27/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in its opposition. (Deputy Clerk CGH) (Entered: 04/27/2026)

Apr 27, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Heber Audias Avila Ortega. (Deputy Clerk AJB)

Apr 27, 2026

Service by Mail

Apr 27, 2026

Minute Order

Apr 28, 2026

SERVICE BY MAIL: 5 Minute Order served on Heber Audias Avila Ortega. (Deputy Clerk PAB)

Apr 28, 2026

RECEIPT number 200018632 for $5.00 for filing fee from Heber Audias Avila Ortega. (Deputy Clerk VLK)

Apr 28, 2026

Service by Mail

#6

Apr 29, 2026

RESPONSE to 5 Minute Order, OPPOSITION to Injunctive Relief, MOTION to DISMISS 1 Petition for Writ of Habeas Corus, and REQUEST to LIFT No Removal/No Transfer Order by Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Yu, Jonathan) Modified on 5/5/2026 (KS). (Entered: 04/29/2026)

#7

May 01, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 5/1/2026: On 4/27/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 .) On 4/29/2026, respondent filed an opposition (Doc. No. 6 ) to that pending motion. In that opposition, respondent advises the court that petitioner is subject to an order of removal which was reinstated on 4/8/2026 and accordingly is administratively final. (Id. at 4; Doc. No. 6-4); see also Padilla-Ramirez v. Bible, 882 F.3d 826, 831 (9th Cir. 2017) ("[A] reinstated removal order is administratively final."). Accordingly, petitioner is subject to mandatory detention for a 90-day period pursuant to 8 U.S.C. § 1231(a)(2). Therefore, petitioner's motion for temporary restraining order (Doc. No. 2 ) is DENIED. This action is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk MCF) (Entered: 05/01/2026)

May 01, 2026

Minute Order AND Order on Motion for TRO

May 01, 2026

Service by Mail

May 01, 2026

SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Heber Audias Avila Ortega. (Deputy Clerk MCF)

#8

May 21, 2026

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

May 21, 2026

Service by Mail

May 21, 2026

SERVICE BY MAIL: 8 Order served on Heber Audias Avila Ortega. (Deputy Clerk KS)

#9

May 28, 2026

OPPOSITION to 6 Motion to Dismiss and RESPONSE to 8 Order by Petitioner Heber Audias Avila Ortega. (Deputy Clerk VLC) (Entered: 05/29/2026)

#10

May 28, 2026

RESPONSE to 8 Order and MOTION for 30-DAY EXTENSION OF TIME to File Opposition to 6 Motion to Dismiss by Heber Audias Avila Ortega. (Deputy Clerk VLC) Modified on 6/2/2026 (KS). (Entered: 05/29/2026)

#11

Jun 17, 2026

Order AND Order on Motion for Extension of Time

Jun 17, 2026

SERVICE BY MAIL: 11 Order served on Heber Audias Avila Ortega. (Deputy Clerk RRB)

Jun 17, 2026

Service by Mail

#12

Jun 23, 2026

Opposition to Motion

#13

Jun 26, 2026

REPLY to 12 Opposition by Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) Modified on 7/6/2026 (HAH). (Entered: 06/26/2026)

Jun 29, 2026

MAIL RETURNED as Return to Sender, Not Deliverable as addressed, Unable to Foward: 11 Order sent to Heber Audias Avila Ortega. Notice of Change of Address due by 8/6/2026. (Deputy Clerk AKP)

#14

Jul 07, 2026

Notice (Other)

#15

Jul 08, 2026

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

#16

Jul 08, 2026

EXHIBIT 3 - WARRANT OF REMOVAL, FORM I-205, WITH SIGNED DEPARTURE VERIFICATION by Warden, California City Correctional Center re 13 Reply, 15 Order, Set/Reset Deadlines and Hearings. (Attachments: # 1 Exhibit 3)(Yu, Jonathan) (Entered: 07/08/2026)

Jul 08, 2026

SERVICE BY MAIL: 15 Order served on Heber Audias Avila Ortega. (Deputy Clerk JAW)

Jul 08, 2026

Service by Mail

#17

Jul 23, 2026

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

#18

Jul 23, 2026

DECLARATION of Deportation Officer Kenneth J. Jager. (Yu, Jonathan) (Entered: 07/23/2026)

Jul 23, 2026

Service by Mail

Jul 23, 2026

SERVICE BY MAIL: 17 Order served on Heber Audias Avila Ortega. (Deputy Clerk AMW)

Jul 29, 2026

MAIL RETURNED as Undeliverable, Unable to forward: 15 Order sent to Heber Audias Avila Ortega. Notice of Change of Address due by 9/8/2026. (Deputy Clerk DAR)

#19

Aug 06, 2026

Findings and Recommendations

Aug 06, 2026

Service by Mail