Eastern District of California • 1:26-cv-07767

#1

Sep 23, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Ice Detention Facility by Francisco Pedro Bernandino. (Deputy Clerk DAR) (Entered: 09/25/2026)

#2

Sep 23, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Francisco Pedro Bernandino. (Deputy Clerk DAR) (Entered: 09/25/2026)

#3

Sep 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Francisco Pedro Bernandino. (Deputy Clerk DAR) (Entered: 09/25/2026)

#4

Sep 23, 2026

MOTION to APPOINT COUNSEL by Francisco Pedro Bernandino. (Deputy Clerk DAR) (Entered: 09/25/2026)

#5

Sep 25, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/25/2026)

#6

Sep 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex Ice Detention Facility (Andrews, Anthony) (Entered: 09/25/2026)

#7

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 3 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 3 Motion for Temporary Restraining Order by 12:00 PM on 9/29/2026. 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 10/13/2026. 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: 09/25/2026)

Sep 25, 2026

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

Sep 25, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Francisco Pedro Bernandino. (Deputy Clerk DAR)

Sep 25, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Francisco Pedro Bernandino. (Text Only Entry) (Deputy Clerk CRS)

Sep 25, 2026

Service by Mail

#8

Sep 29, 2026

MOTION to DISMISS 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order and All Relief by Warden, Central Valley Annex Ice Detention Facility. (Andrews, Anthony) Modified on 10/7/2026 (KS). (Entered: 09/29/2026)

#9

Oct 05, 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. (Deputy Clerk LMS) (Entered: 10/06/2026)

#10

Oct 05, 2026

NOTICE of CHANGE of ADDRESS to ICE-Central Valley Annex P.O. Box 637-254 Taylor Avenue McFarland, CA 93250 by Francisco Pedro Bernandino. (Deputy Clerk LMS) (Entered: 10/06/2026)

#11

Oct 13, 2026

ORDER signed by District Judge Dena M. Coggins on 10/13/26 GRANTING 1 Petition for Writ of Habeas Corpus and 3 Motion for TRO as follows: Petitioner Francisco Pedro Bernardino (A-220-384-946) is ORDERED to be RELEASED IMMEDIATELY from Respond ents' custody with the same conditions he was subject to immediately prior to his detention on 06/18/26. 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; Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with the above; If the government seeks to re-detain Petitioner, it must provide no less than 7 days 9; notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered; and This order does not address the circumstances in which Respondents may detain Petit ioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. The pending 2 4 Motions are DENIED as MOOT. The Clerk is directed to update the docket to correct the spelling of Petitioner's last name to Bernardino. The Clerk is directed to serve a copy of this order on the Central Valley Annex Detention Facility and enter judgment for Petitioner. CASE CLOSED. (cc Central Valley Annex) (Deputy Clerk KML)

#12

Oct 13, 2026

Judgment

Oct 13, 2026

Service by Mail

#13

Oct 16, 2026

Notice of Compliance