Eastern District of California • 1:26-cv-06237

#1

Aug 06, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden of the California City Immigration Processing Center by Irma Gutierrez Munoz. (Filing fee $ 5, receipt number ACAEDC-13694297) (Attachments: # 1 Civil Cover Sheet)(Yasrebi, Arash) (Entered: 08/06/2026)

#2

Aug 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Irma Gutierrez Munoz. (Attachments: # 1 Declaration)(Yasrebi, Arash) (Entered: 08/06/2026)

#3

Aug 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/06/2026)

#4

Aug 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Respondents. (Disparte, Quinn) Modified on 8/7/2026 (HAH). (Entered: 08/06/2026)

#5

Aug 06, 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: 08/06/2026)

#6

Aug 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/6/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. 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). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/10/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 12:00 PM on 8/11/2026. Finally, 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). Both parties shall address whether they oppose the court ruling directly on the Petition, to the extent a ruling on the Petition 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: 08/06/2026)

Aug 06, 2026

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

#7

Aug 09, 2026

OPPOSITION to 2 Motion for Temporary Restraining Order by Respondents. (Attachments: # 1 I-213 and NTA)(Disparte, Quinn) Modified on 8/12/2026 (HAH). (Entered: 08/09/2026)

#8

Aug 10, 2026

REPLY to 7 Opposition by Irma Gutierrez Munoz. (Yasrebi, Arash) Modified on 8/12/2026 (HAH). (Entered: 08/10/2026)

#9

Aug 12, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/12/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining order, Respondents concede that following the Ninth Circuit's Order in Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424 (9th Cir. July 30, 2026), Petitioner's detention is governed by 8 U.S.C. § 1226(a) and that she is entitled to a custody redetermination hearing under that statute. In her 8 Reply, Petitioner concedes that she is entitled to seek a custody redetermination hearing but contends immediate release is still proper because at the Government's custody redetermination hearings, noncitizens bear the burden of proving that their release is warranted. The court has found, however, that the burden for bond hearings brought under statutory rather than constitutional grounds is properly placed on the noncitizen, not the Government. See Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419, at *5 (E.D. Cal. Feb. 24, 2026). Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED as follows: Within fourteen (14) days, Respondents are ORDERED to provide Petitioner Irma Gutierrez Munoz (A-246-934-596) a bond hearing before an Immigration Judge pursuant to 8 C.F.R. § 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and (2) if Respondents fail to provide Petitioner a bond hearing within fourteen (14) days, Petitioner shall be immediately released from Respondents' custody. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/12/2026)

Aug 12, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#10

Aug 13, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/13/2026: On 8/12/2026, the court granted petitioner's motion for temporary restraining order, ordered that petitioner be afforded a bond hearing, and referred the matter to me for further proceedings. ECF No. 12 . The parties are hereby ordered to file status reports by 9/3/2026 addressing any anticipated motions, their plans for how to proceed with litigation, and proposed schedules for further briefing. Alternatively, the parties may file a joint stipulation to voluntarily dismiss this action under Federal Rule of Civil Procedure 41. (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/13/2026)

Aug 13, 2026

Minute Order

#11

Sep 03, 2026

MOTION to DISMISS by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden, California City Immigration Processing Center. (Attachments: # 1 Immigration Judge Order Granting Bond, # 2 Proposed Order)(Disparte, Quinn) (Entered: 09/03/2026)

Sep 15, 2026

Minute Order