Eastern District of California • 1:26-cv-07335

(HC) Petion v. Warden, California City (ICE)

Completed

Case Information

Filed: September 11, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 18, 2026
Last Activity: September 20, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City (ICE) by Eliano Petion. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Eliano Petion. (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document: Temporary Restraining Order
#3
Sep 14, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 09/14/2026)
Main Document: Immigration New Case Documents
#4
Sep 14, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/14/2026: 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 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). Further, this court has previously addressed the legal issues raised by Count One of the Petition. 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). 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 9/17/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 10/1/2026. 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: 09/14/2026)
#5
Sep 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City (ICE) (Rodriguez, Elisa) (Entered: 09/14/2026)
Main Document: DESIGNATION
Sep 14, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Eliano Petion. (Deputy Clerk VLK)
Sep 14, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Eliano Petion. (Text Only Entry) (Deputy Clerk CRS)
Sep 14, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 14, 2026
Service by Mail
#6
Sep 16, 2026
OPPOSITION by Respondent Warden, California City (ICE) to 2 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 09/16/2026)
Main Document: OPPOSITION
Sep 17, 2026
Service by Mail
Sep 17, 2026
RE-SERVICE BY MAIL: 4 Minute Order, 3 Immigration New Case Documents served on Eliano Petion with A Number. (Deputy Clerk HAH)
#7
Sep 18, 2026
ORDER signed by District Judge Dena M. Coggins on 9/17/2026 GRANTING 1 Petition for Writ of Habeas Corpus, GRANTING 2 Motion for TRO and DIRECTING Respondent to IMMEDIATELY RELEASE Petitioner Eliano Petion (A-220-100-068) from custody. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody. The Clerk of the Court is directed to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City Detention Facility) (Deputy Clerk VLK) (Entered: 09/18/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#8
Sep 18, 2026
JUDGMENT dated *9/18/2026* pursuant to order signed by District Judge Dena M. Coggins on 9/17/2026 in favor of Petitioner. (Deputy Clerk VLK) (Entered: 09/18/2026)
Main Document: Judgment
Sep 18, 2026
Service by Mail
Sep 18, 2026
SERVICE BY MAIL: 8 Judgment, 7 Order, served on Eliano Petion. (Deputy Clerk VLK)
#9
Sep 20, 2026
NOTICE OF COMPLIANCE by Warden, California City (ICE). (Rodriguez, Elisa) (Entered: 09/20/2026)
Main Document: Notice of Compliance

Parties

(HC) Petion
Party
Warden, California City (ICE)
Party