Eastern District of California • 1:26-cv-08275

#1

Oct 08, 2026

CIVIL COVER SHEET filed by Bertoldo BETANCOURT FELIX. (Hall, Benjamin) (Entered: 10/08/2026)

#2

Oct 08, 2026

PETITION for WRIT of HABEAS CORPUS against Markwayne Mullin Secretary, U.S. Department of Homeland Security by Bertoldo BETANCOURT FELIX. (Filing fee $ 5, receipt number ACAEDC-13992071) (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit Exhibits)(Hall, Benjamin) (Entered: 10/08/2026)

#3

Oct 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Bertoldo BETANCOURT FELIX. (Hall, Benjamin) (Entered: 10/08/2026)

#4

Oct 08, 2026

NOTICE of RELATED CASE(S) 1:26-cv-03634-MWJS by Bertoldo BETANCOURT FELIX. (Hall, Benjamin) (Entered: 10/08/2026)

#5

Oct 09, 2026

CLERK'S NOTICE to Attorney Benjamin Forrest Hall : Civil Cover Sheet: Your document is not filled out. Please resubmit the civil cover sheet for your case.If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Deputy Clerk JPX) (Entered: 10/09/2026)

#6

Oct 09, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/09/2026)

#7

Oct 09, 2026

EO: This case was initiated by the same Petitioner who filed an earlier habeas petition (No. 1:26-cv-03634-MWJS). Pursuant to Local Rule 190(d), the court ORDERS reassignment of case 1:26-cv-08275-EJD, to U.S District Judge Micah W. J. Smith. All future filings shall reflect this reassignment. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 10/09/2026)

#8

Oct 09, 2026

CLERK'S NOTICE REASSIGNING CASE. This case has been assigned to District Judge Micah W. J. Smith. The new case number is: 1:26-cv-08275-MWJS. (Deputy Clerk AB) (Entered: 10/09/2026)

#9

Oct 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Todd Blanche,Jonathan Yu, GOVT for Executive Office for Immigration Review,Jonathan Yu, GOVT for Markwayne Mullin,Jonathan Yu, GOVT for U.S. Department of Homeland Security,Jonathan Yu, GOVT for David Venturella,Jonathan Yu, GOVT for Warden, California City Immigration Processing Center (Yu, Jonathan) (Entered: 10/09/2026)

#10

Oct 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael G. Tierney for Todd Blanche,Michael G. Tierney for Executive Office for Immigration Review,Michael G. Tierney for Markwayne Mullin,Michael G. Tierney for U.S. Department of Homeland Security,Michael G. Tierney for David Venturella,Michael G. Tierney for Warden, California City Immigration Processing Center, attorney Jonathan Yu, GOVT terminated (Tierney, Michael) (Entered: 10/09/2026)

#11

Oct 09, 2026

EO: Before the court is Petitioner Bertoldo Betancourt Felix's emergency motion for temporary restraining order and order to show cause regarding preliminary injunction. Dkt. No. 3 . The court is inclined to issue a temporary restraining order and order Petitioner's immediate release, subject to reasonable conditions of supervision to be imposed by U.S. Immigration and Customs Enforcement. The court's inclination is based primarily on the unique factual and procedural history of this case, involving two bond hearings and one denied request for another bond hearing. At the first bond hearing, the immigration judge erroneously concluded that the agency lacked jurisdiction to consider Petitioner's custody redetermination request. At the second, court-ordered bond hearing, Petitioner was given insufficient time to prepare and therefore was unable to meaningfully present his case. Petitioner requested a third bond hearing, but it was denied by an immigration judge. Prior to that denial, however, another immigration judge had granted Petitioner cancellation of removal, after finding, among other things, that Petitioner has been a person of good moral character during the relevant ten-year period, has not been convicted of any enumerated criminal offense, and has established that his removal would result in exceptional and extremely unusual hardship to a qualifying relative. Yet in denying Petitioner's third bond request, the immigration judge did not mention, let alone address, the fact that Petitioner was granted cancellation of removal. Meanwhile, Petitioner remains detained. His four-year-old son is scheduled to undergo surgery on his heart, six days from today, 2,500 miles away. Given the foregoing, the court is inclined to find that the government's interests in "protecting the public from dangerous criminal aliens" and "preventing aliens from remaining in the United States win violation of our law" are greatly diminished. See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1208 (9th Cir. 2022) (cleaned up). If Respondents choose to oppose the motion, they are ORDERED to do so no later than Saturday, October 10, 2026, at 12:00 p.m. (PDT). If Respondents oppose the motion, a hearing will be scheduled on either Sunday, October 11, 2026, or Monday, October 12, 2026. Petitioner MAY FILE a reply no later than Saturday, October 10, 2026, at 5:00 p.m. (PDT). If Respondents instead decide not to oppose the motion, they are ORDERED to state in writing that non-opposition no later than Saturday, October 10, 2026, at 12:00 p.m. (PDT), and the court will grant the motion and set briefing on the underlying petition at a more deliberate pace. If Respondents do not oppose the motion, the court will consider a possible temporary restraining order and preliminary injunction together. If Respondents oppose the motion, the court will first rule on the temporary restraining order before setting separate, additional rounds of briefing on both the preliminary injunction and underlying petition. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 10/09/2026)

Oct 09, 2026

Minute Order

#12

Oct 12, 2026

STATEMENT of Mootness or in the Alternative, Non-Opposition filed by Respondents Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, Warden, California City Immigration Processing Center re 11 Minute Order,,,,,,,,,,,,. (Attachments: # 1 Exhibit A)(Tierney, Michael) (Entered: 10/12/2026)

Oct 13, 2026

Minute Order

Oct 14, 2026

Minute Order

#17

Oct 15, 2026

Judgment

Oct 15, 2026

Minute Order AND ~Util - Terminate Civil Case