Eastern District of California • 1:26-cv-00002
(HC) Lopez Flores v. Wilson
Active
Case Information
Filed: January 02, 2026
Assigned to:
Dena M. Coggins
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
January 07, 2026
Parties:
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Docket Entries
#1
Jan 02, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem, Wanda Wilson by Andres Lopez Flores. (Filing fee $ 5, receipt number ACAEDC-12717360) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Exhibit)(Sigal, Josh) (Entered: 01/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Andres Lopez Flores. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 TRO Checklist)(Sigal, Josh) (Entered: 01/02/2026)
Main Document:
Temporary Restraining Order
#3
Jan 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/5/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 01/02/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Jan 04, 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. (Sigal, Josh) (Entered: 01/04/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 05, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/5/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the Motion for Temporary Restraining Order by 5:00 PM on 1/7/2026. In their response, Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Labrador-Prato v. Noem, et al., 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), and other similar cases previously decided by this court, or indicate that the matter is not substantively distinguishable. Petitioner may file a Reply on or before 1/8/2026. 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 5:00 PM on 1/5/2026. 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: 01/05/2026)
#6
Jan 05, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Jan 05, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#7
Jan 06, 2026
RESPONSE by Pamela Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem, Wanda Wilson to 5 Minute Order,,,,,, Set Motion and F&R Deadlines/Hearings,,,,, 2 Motion for Temporary Restraining Order. Attorney Lee, Justin added. (Lee, Justin) (Entered: 01/06/2026)
Main Document:
RESPONSE
#8
Jan 07, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/7/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to detention under 8 U.S.C. § 1225(b). However, Respondents acknowledge the caselaw from this court in Labrador-Prato v. Noem et al., 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025) and Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), is not substantively distinguishable. (See Doc. No. 7 at 1.) Accordingly, pursuant to the court's reasoning in Labrador-Prato and Selis Tinoco, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; (2) 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; and (3) If the Government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (See Doc. No. 7), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Intl Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 01/07/2026)
Jan 07, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
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