Eastern District of California • 1:26-cv-06007

#1

Jul 31, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Lazaro Emanuel Avila Escobar. (Deputy Clerk AKP) (Entered: 08/03/2026)

#2

Jul 31, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Lazaro Emanuel Avila Escobar. (Deputy Clerk AKP) (Entered: 08/03/2026)

#3

Aug 03, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 08/03/2026)

#4

Aug 03, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, California City Immigration Processing Center (Weger, Shelley) (Entered: 08/03/2026)

#5

Aug 03, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/3/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A), and are entitled to a custody redetermination hearing at which their eligibility for release on bond must be considered. See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, the court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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 8/5/2026. 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 8/19/2026. 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: 08/03/2026)

Aug 03, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Lazaro Emanuel Avila Escobar. (Deputy Clerk AKP)

Aug 03, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Lazaro Emanuel Avila Escobar. (Text Only Entry) (Deputy Clerk CRS)

Aug 03, 2026

RECEIPT number 200020286 for $5.00 for Filing Fee from Lazaro Emanuel Avila Escobar. (Deputy Clerk VLC)

Aug 03, 2026

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

Aug 03, 2026

Service by Mail

#6

Aug 05, 2026

OPPOSITION by Respondent Warden, California City Immigration Processing Center to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1 (I-123), # 2 Exhibit 2 (NTA))(Weger, Shelley) (Entered: 08/05/2026)