Eastern District of California • 1:26-cv-07221

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Sep 08, 2026

PETITION for WRIT of HABEAS CORPUS, MOTION for TRO, and MOTION to PROCEED IFP filed by Abner Estuardo Velasquez Leon. (Deputy Clerk DAR) (Entered: 09/09/2026)

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Sep 09, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/09/2026)

#3

Sep 09, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/9/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 1 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 to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (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 1 Motion for Temporary Restraining Order by 12:00 PM on 9/11/2026. 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 9/25/2026. 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. 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: 09/09/2026)

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Sep 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for U.S. General Attorney/ICE (Paniagua, Carmen) (Entered: 09/09/2026)

Sep 09, 2026

Service by Mail

Sep 09, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Abner Estuardo Velasquez Leon. (Deputy Clerk DAR)

Sep 09, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 3, served on Abner Estuardo Velasquez Leon. (Text Only Entry) (Deputy Clerk CRS)

Sep 09, 2026

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