Eastern District of California • 1:26-cv-07860

#1

Sep 23, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Franklin David Diaz Lopez. (Filing fee $ 5, receipt number ACAEDC-13921729) (Attachments: # 1 Civil Cover Sheet)(Sandler, Tucker) (Entered: 09/23/2026)

#2

Sep 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Franklin David Diaz Lopez. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Sandler, Tucker) (Entered: 09/23/2026)

#3

Sep 24, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/24/2026)

#4

Sep 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Todd Blanche,Joseph Douglas Harman, GOVT for Christopher Chestnut,Joseph Douglas Harman, GOVT for Department of Homeland Security,Joseph Douglas Harman, GOVT for Executive Office for Immigration Review,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for Dustin Stubbs (Harman, Joseph) (Entered: 09/25/2026)

#5

Sep 25, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/25/2026: 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). 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); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), 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)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order (see, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 9/29/2026. In their response, Respondents shall indicate whether Petitioner was previously released from immigration custody, and whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, 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 9/30/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See 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. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 9/25/2026.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: 09/25/2026)

Sep 25, 2026

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

#6

Sep 29, 2026

MOTION for Six-DAY EXTENSION OF TIME to Submit Response by Todd Blanche, Christopher Chestnut, Department of Homeland Security, Executive Office for Immigration Review, Markwayne Mullin, Dustin Stubbs. (Harman, Joseph) (Entered: 09/29/2026)

#7

Sep 30, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/30/2026: In their 6 Motion for an Extension of Time, Respondents seek additional time because they "have been unable to obtain responsive documents to the Court's order because the Petition and TRO do not list the Petitioner's A-number, without which ICE has been unable to obtain responsive documentation." Respondents' 6 Motion is GRANTED IN PART as follows: Petitioner shall provide Respondents with his A-number by 12:00 PM on 9/30/2026; Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 10/2/2026; and Petitioner may file a Reply by 12:00 PM on 10/5/2026. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/30/2026)

#8

Sep 30, 2026

NOTICE of RELATED CASE(S) 1:26-CV-06214-JLT-FJS by Todd Blanche, Christopher Chestnut, Department of Homeland Security, Executive Office for Immigration Review, Markwayne Mullin, Dustin Stubbs. (Harman, Joseph) (Entered: 09/30/2026)

#9

Sep 30, 2026

MOTION to DISMISS by Todd Blanche, Christopher Chestnut, Department of Homeland Security, Executive Office for Immigration Review, Markwayne Mullin, Dustin Stubbs. (Attachments: # 1 Exhibit)(Harman, Joseph) (Entered: 09/30/2026)

Sep 30, 2026

Minute Order AND Order on Motion for Extension of Time AND ~Util - Set Motion and F&R Deadlines/Hearings

#10

Oct 01, 2026

MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action Case No. 1:26-cv-07860-DC-CSK is related to Case No. 1:26-cv-06214-JLT-FJS because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Thus, the Court ORDERS that Case No. 1:26-cv-07860-DC-CSK is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Frank J. Singer. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on October 1, 2026. (Deputy Clerk IM) (Entered: 10/01/2026)

Oct 01, 2026

Minute Order

#11

Oct 05, 2026

NOTICE of VOLUNTARY DISMISSAL by Franklin David Diaz Lopez. (Sandler, Tucker) (Entered: 10/05/2026)

#12

Oct 05, 2026

REPLY by Franklin David Diaz Lopez re 9 Motion to Dismiss. (Sandler, Tucker) (Entered: 10/05/2026)

#13

Oct 06, 2026

MINUTE ORDER (Text Only Entry) Petitioner has requested voluntary dismissal of this action without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. 11.) Therefore, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the Petition (Doc. 1) is DISMISSED without prejudice. All pending motions and deadlines are TERMINATED and the Clerk of Court is directed to CLOSE THIS CASE signed by District Judge Jennifer L. Thurston on October 6, 2026. (Deputy Clerk IM) (Entered: 10/06/2026)

Oct 06, 2026

Minute Order