Eastern District of California • 1:25-cv-02065
(HC) Serban v. Becerra
Active
Case Information
Filed: December 30, 2025
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 20, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 30, 2025
PETITION for WRIT of HABEAS CORPUS against All Respondents by Andrea Annamaria Serban. (Filing fee $ 5, receipt number ACAEDC-12711623) (Attachments: # 1 Civil Cover Sheet)(Cummings, Robert) Modified on 12/31/2025 (HAH). (Entered: 12/30/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Dec 30, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Andrea Annamaria Serban. (Cummings, Robert) (Entered: 12/30/2025)
Main Document:
Temporary Restraining Order
#3
Dec 30, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/2/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 12/30/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Dec 30, 2025
MINUTE ORDER signed by District Judge Dale A. Drozd on 12/30/2025: Pending the issuance of the courts order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, no later than tomorrow, 12/31/2025, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion to proceed under a pseudonym, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 1/5/2025. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties proposal. (Text Only Entry) (Deputy Clerk JRW) (Entered: 12/30/2025)
Dec 30, 2025
Minute Order
#5
Dec 31, 2025
CERTIFICATE / PROOF of SERVICE by Andrea Annamaria Serban re 1 Petition for Writ of Habeas Corpus, 4 Minute Order,,,,,, 2 MOTION for TEMPORARY RESTRAINING ORDER. (Cummings, Robert) (Entered: 12/31/2025)
Main Document:
Certificate / Proof of Service
#6
Jan 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Robert Anthony Fuentes for Moises Becerra,Robert Anthony Fuentes for Pamela Bondi,Robert Anthony Fuentes for Leanna Lundy,Robert Anthony Fuentes for Kristi Noem (Fuentes, Robert) (Entered: 01/05/2026)
Main Document:
DESIGNATION
#7
Jan 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. (Fuentes, Robert) (Entered: 01/05/2026)
Main Document:
CONSENT/DECLINE
#8
Jan 05, 2026
OPPOSITION by Moises Becerra, Pamela Bondi, Leanna Lundy, Kristi Noem to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Declaration, # 2 Exhibits to Declaration)(Fuentes, Robert) (Entered: 01/05/2026)
Main Document:
Opposition to Motion
#9
Jan 06, 2026
REPLY by Andrea Annamaria Serban to RESPONSE to 2 Motion for Temporary Restraining Order. (Cummings, Robert) (Entered: 01/06/2026)
Main Document:
Reply to Response to Motion
#10
Jan 13, 2026
ORDER signed by District Judge Dale A. Drozd on 1/12/2026 DENYING 2 Motion for TRO and DIRECTING the parties to meet and confer to submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction 14 days from the date of entry of this Order. (Deputy Clerk OML) (Entered: 01/13/2026)
#11
Jan 26, 2026
JOINT PROPOSED BRIEFING SCHEDULE (Amended) and HEARING DATE re Motion for Preliminary Injunction by Parties. (Cummings, Robert) Modified on 1/28/2026 (KS). (Entered: 01/26/2026)
Main Document:
JOINT
#12
Jan 27, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/27/2026: On 1/26/2026, the parties in this action filed a 11 stipulation for a proposed briefing schedule as to petitioner's anticipated motion for preliminary injunction. Pursuant to that 19 stipulation and good cause appearing, the court hereby ORDERS that petitioner files his motion for preliminary injunction no later than 2/3/2026; Respondents shall file their opposition no later than 2/13/2026; and petitioner shall file his reply thereto no later than 2/18/2026. The court does not set a hearing date at this time. (Deputy Clerk PAB) (Entered: 01/27/2026)
Jan 27, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#13
Feb 02, 2026
MOTION for PRELIMINARY INJUNCTION by Andrea Annamaria Serban. (Cummings, Robert) (Entered: 02/02/2026)
Main Document:
Preliminary Injunction
#14
Feb 13, 2026
OPPOSITION by Respondents to 13 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of S. Medina, # 2 Exhibits to Declaration)(Fuentes, Robert) Modified on 2/17/2026 (KLY). (Entered: 02/13/2026)
Main Document:
Opposition to Motion
#15
Feb 17, 2026
REPLY by Andrea Annamaria Serban to RESPONSE to 13 Motion for Preliminary Injunction. (Cummings, Robert) (Entered: 02/17/2026)
Main Document:
Reply to Response to Motion
#16
Apr 29, 2026
NOTICE of Supplemental Facts and REQUEST for RULING on 13 Motion for Preliminary Injunction by Andrea Annamaria Serban. (Cummings, Robert) Modified on 5/6/2026 (KS). (Entered: 04/29/2026)
Main Document:
Notice (Other)
#17
Jun 23, 2026
NOTICE of Additional Constitutional Violation, Prolonged Detention, and REQUEST for Expedited Decision on 13 Motion for Preliminary Injunction by Andrea Annamaria Serban. (Cummings, Robert) Modified on 6/30/2026 (HAH). (Entered: 06/23/2026)
Main Document:
Notice (Other)
#18
Jul 31, 2026
MOTION to Expedite Consideration of Pending 1 Petition For Writ Of Habeas Corpus and 13 Motion For Preliminary Injunction; Supplemental Memorandum Regarding Changed Circumstances by Andrea Annamaria Serban. (Cummings, Robert) Modified on 8/3/2026 (KLY). (Entered: 07/31/2026)
Main Document:
Shorten Time
#19
Aug 25, 2026
MOTION to AMEND the 1 Petition for Writ of Habeas Corpus by Andrea Annamaria Serban. (Cummings, Robert) (Entered: 08/25/2026)
Main Document:
Amend the Complaint/Petition
#20
Aug 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Andrea Annamaria Serban. (Cummings, Robert) (Entered: 08/25/2026)
Main Document:
Temporary Restraining Order
#21
Aug 25, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/25/2026: Pending the issuance of the court's order resolving the pending 20 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 20 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Respondents shall file a written opposition to the pending 20 motion for temporary restraining order by 5:00 PM on Thursday, 8/27/2026. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 08/25/2026)
Aug 25, 2026
Minute Order
#22
Aug 28, 2026
NOTICE of Respondents' Failure to Comply with the 8/25/2026 Order and REQUEST for Immediate Ruling by Andrea Annamaria Serban. (Cummings, Robert) Modified on 8/31/2026 (KLY). (Entered: 08/28/2026)
Main Document:
Notice (Other)
#23
Sep 29, 2026
ORDER signed by District Judge Dale A. Drozd on 9/28/2026 GRANTING 19 Motion to Amend. Petitioner is DIRECTED to file the first amended habeas petition within 14 days of the date of entry of this order. 20 Amended Motion for Preliminary Injun ction is GRANTED IN PART. Respondents are ORDERED to provide petitioner with a substantive bond hearing within 10 days of the date of entry of this order, unless petitioner requests a later date. To the extent that petitioner's renewed motion for temporary restraining order is a separate motion, it is DENIED as having been rendered moot by this order granting petitioner's motion for a preliminary injunction. 13 Motion for Preliminary Injunction, 18 Motion for Expedited Consideration, and 22 Request for Immediate Ruling are DENIED as moot. This matter is hereby REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk HAH)
#24
Oct 02, 2026
Amend the Complaint/Petition
Main Document:
Amend the Complaint/Petition
#25
Oct 09, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/8/2026 RECOMMENDING that Petitioner's 24 Notion to amend the habeas petition be GRANTED; Petitioner be DIRECTED to file her first amended habeas petition withi n fourteen (14) days of the District Court's order adopting these Findings and Recommendations; and Petitioner's request to modify the District Court's 9/29/2026 Order 24 be DENIED. These Findings and Recommendations are submitted to U.S District Judge Dale A. Drozd; Objections to these F&Rs due within seven (7) days. (Deputy Clerk LMS)
#26
Oct 12, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
#27
Oct 20, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
Parties
Becerra
Party
(HC) Serban
Party