Eastern District of California • 1:26-cv-04827

#1

Jun 23, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Kenner Torrez-Andino. (Filing fee $ 5, receipt number ACAEDC-13494018) (Attachments: # 1 Civil Cover Sheet) (Juarez, Nancy) Modified on 6/29/2026 (KS). (Entered: 06/23/2026)

#2

Jun 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kenner Torrez-Andino. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 06/23/2026)

#3

Jun 23, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 06/23/2026)

#4

Jun 24, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. (Andrews, Anthony) Modified on 7/1/2026 (KS). (Entered: 06/24/2026)

#5

Aug 13, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/13/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, 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, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents has already entered Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 8/17/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); 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, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 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, 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 respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 08/13/2026)

Aug 13, 2026

Minute Order

#6

Aug 15, 2026

OPPOSITION to 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order by Respondents. (Andrews, Anthony) Modified on 8/17/2026 (HAH). (Entered: 08/15/2026)

#7

Aug 21, 2026

ORDER signed by District Judge Dale A. Drozd on 08/21/26 GRANTING 1 Petition for Writ of Habeas Corpus as follows: Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Kenner Torrez-Andino, A-File No. 246-228-945, from Respondents' custody on the same conditions he was subject to immediately prior to his 04/18/26 immigration detention; Respondents are ENJOINED AND RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden of demonstrating by clear and convincing evidence that petitioner is a danger to the community or a flight risk; 2 Motion for TRO is DENIED as MOOT by this order granting him habeas relief.The Clerk is directed to serve the warden of the Mesa Verde Detention Center with a copy of this order and enter judgment in favor of Petitioner. CASE CLOSED. (cc Mesa Verde) (Deputy Clerk KML) (Entered: 08/21/2026)

#8

Aug 21, 2026

JUDGMENT dated *08/21/26* pursuant to order signed by District Judge Dale A. Drozd on 08/21/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 08/21/2026)