Eastern District of California • 1:26-cv-04678

#1

Jun 18, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Yosday Ojito Perez. [$5.00 filing fee received on 06/18/2026. Receipt to be docketed on 06/22/2026] (Deputy Clerk KEZ) Modified on 6/22/2026 (KEZ). (Entered: 06/22/2026)

#2

Jun 18, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Yosday Ojito Perez. (Deputy Clerk KEZ) (Entered: 06/22/2026)

Jun 18, 2026

RECEIPT number 20019604 for $5.00 for filing fee from Yosday Ojito Perez. (Deputy Clerk RRB)

#3

Jun 22, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk KEZ) (Entered: 06/22/2026)

#4

Jun 22, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/22/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Petitioner appears to challenge her re-detention and raise claims that this Court has previously addressed. See e.g., Luis Alberto R.C. v. Murray, 817 F. Supp. 3d 917 (E.D. Cal. 2025); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025); Yon Kervis U. v. Chestnut, No. 1:25-CV-2066-KES-SAB (HC), 2026 WL 88983 (E.D. Cal. Jan. 12, 2026); Guzman v. Andrews, No. 1:25-CV-01015-KES-SKO (HC), 2025 WL 2617256 (E.D. Cal. Sept. 9, 2025). The Court intends to rule directly on the 1 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 2 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before June 24, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Luis Alberto R.C. v. Murray, Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, Yon Kervis U. v. Chestnut, Guzman v. Andrews, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (ST) (Entered: 06/22/2026)

#5

Jun 22, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Immigration Processing Center (Williams, Jonathan) (Entered: 06/22/2026)

Jun 22, 2026

Minute Order

Jun 22, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Yosday Ojito Perez. (Deputy Clerk KEZ)

Jun 22, 2026

Service by Mail

#6

Jun 24, 2026

RESPONSE to 4 ORDER to SHOW CAUSE by Warden, California City Immigration Processing Center. (Attachments: # 1 Exhibit Exhibit A-DHS Records, # 2 Exhibit Exhibit B-Criminal Records, # 3 Exhibit Exhibit C-IJ Bond Decision)(Williams, Jonathan) (Entered: 06/24/2026)

#7

Jul 02, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/02/2026: (Text Only Entry): The 1 petition for writ of habeas corpus is denied without prejudice. Petitioner argues that she is entitled to a bond hearing under 8 U.S.C. § 1226(a). Doc. 1 at 5-8. But she has already received at least one § 1226(a) bond hearing as recently as June 22, 2026, and the immigration judge denied bond after finding that petitioner was a danger. See Doc. 6-3. In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Section 1226(a)'s procedures include placing the burden on the detainee to demonstrate that he is not a flight risk or danger. Id. at 1197, 1210 (citing Matter of Guerra, 24 I. & N. Dec. 37, 40 (B.I.A. 2006)). To the extent petitioner seeks a second § 1226(a) bond hearing, that claim also fails in light of Rodriguez Diaz v. Garland. See id. at 1207-14 (9th Cir. 2022) (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). Nor does petitioner challenge the merits of the immigration court's denial of bond. The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Deputy Clerk VMG) (Entered: 07/02/2026)

Jul 02, 2026

Service by Mail

Jul 02, 2026

Minute Order AND Order on Motion for TRO

Jul 02, 2026

SERVICE BY MAIL: 7 Minute Order, served on Yosday Ojito Perez. (Deputy Clerk VMG)

#8

Aug 12, 2026

NOTICE of RELATED CASE(S) 1:26-CV-05676-KES-FJS, 1:26-CV-05843-JLT-EGC by Warden, California City Immigration Processing Center. Attorney Rodriguez, Elisa M. added. (Rodriguez, Elisa) (Entered: 08/12/2026)

#9

Aug 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Yosday Ojito Perez. (Deputy Clerk ED) (Entered: 08/28/2026)

#10

Aug 28, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 8/28/2026: (Text Only Entry); The 9 motion for temporary restraining order in this closed case is denied. Petitioner argues that she is entitled to a bond hearing under 8 U.S.C. § 1226(a). Doc. 1 at 5-8. But she has already received at least one § 1226(a) bond hearing as recently as June 22, 2026, and the immigration judge denied bond after finding that petitioner was a danger. See Doc. 6-3. In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Section 1226(a)'s procedures include placing the burden on the detainee to demonstrate that he is not a flight risk or danger. Id. at 1197, 1210 (citing Matter of Guerra, 24 I. & N. Dec. 37, 40 (B.I.A. 2006)). To the extent petitioner seeks a second § 1226(a) bond hearing, that claim also fails in light of Rodriguez Diaz v. Garland. See id. at 1207-14 (9th Cir. 2022) (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). (Entered: 08/28/2026)

Aug 28, 2026

Minute Order AND Order on Motion for TRO

#11

Sep 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Yosday Ojito Perez. (Deputy Clerk VLC) (Entered: 09/08/2026)

#12

Sep 09, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/09/2026: (Text Only Entry): The 11 motion for temporary restraining order in this closed case is denied for the reasons set forth in the court's orders denying the petition and prior motion for temporary restraining order (Docs. 7, 10). In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Petitioner has received at least one § 1226(a) bond hearing as recently as June 22, 2026, and to the extent petitioner seeks a second § 1226(a) bond hearing, that claim fails in light of Rodriguez Diaz. See id. at 1207-14 (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). (Deputy Clerk VMG) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order AND Order on Motion for TRO