Eastern District of California • 1:26-cv-00082

(HC) Bucio v. Andrews

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Case Information

Filed: January 06, 2026
Assigned to: Daniel J. Calabretta
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
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Last Activity: January 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 06, 2026
PETITION for WRIT of HABEAS CORPUS against US Government by Jorge Ortega Bucio. (Filing fee $ 5, receipt number ACAEDC-12726751) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Ferretti, Robert) (Entered: 01/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/06/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#3
Jan 06, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 01/06/2026: On January 6, 2026, Petitioner filed a 1 petition for writ of habeas corpus. Petitioner's prayer for relief includes a request that the court order Petitioner immediately released from custody. (ECF No. 1 at 28.) If Petitioner seeks emergency relief, Petitioner is DIRECTED to file a motion for temporary restraining order as soon as practicable, but no later than fourteen (14) days from this order. If no motion is filed in that time, this matter shall be referred to the assigned Magistrate Judge pursuant to Local Rule 302(c)(17). [TEXT ENTRY ONLY] (Deputy Clerk JZ) (Entered: 01/06/2026)
Jan 06, 2026
Minute Order
#4
Jan 12, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#5
Jan 12, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/12/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised therein appear to mirror those previously addressed by the Court in many prior cases. See Singh v. Andrews, No. 1:25-cv-01543-DJC-SCR; Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Souza v. Robbins, No. 1:25-cv-01597-DJC-JDP. On or before January 15, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinct from the Court's prior orders in the cases listed above and would justify denial of a preliminary injunction. Respondents should also state whether they oppose this Court converting the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. Petitioner may file a reply on or before January 16, 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. Petitioners counsel is DIRECTED to send a copy of the petition and provide the Petitioner's full name and A number to the US Attorneys Office by January 12, 2026 at 3:00 P.M. at their email usacae.ecf2241-imm@usdoj.gov. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/12/2026)
Jan 12, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 15, 2026
Opposition to Motion
Main Document: Opposition to Motion
#7
Jan 16, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/16/2026: Respondents agree that there are no factual or legal issues in this case that render it distinct from the prior cases cited by the Court with the exception of the fact that Petitioner's removal proceedings were previously administratively closed. (ECF No. 6 at 4.) This fact does not alter any of the Court's analysis in the orders issued in the other cases identified by the Court. (See ECF No. 5 .) Thus, in light of Respondents' concession that there are no other factual or legal issues in this case that render this case distinct from the prior cases cited in the Court's previous Minute Order (see ECF No. 6 at 4) and for the reasons stated in the orders in those prior cases (see ECF No. 5 ), IT IS HEREBY ORDERED that Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ) is converted to a Motion for Preliminary Injunction and is GRANTED. Respondents are ORDERED to immediately release Petitioner Jorge Ortega Bucio from their custody. Respondents shall not impose any additional restrictions on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, pre-deprivation notice describing the change of circumstances necessitating his arrest and detention, and a timely hearing. At any such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight, and Petitioner shall be allowed to have his counsel present. The merits of this matter are REFERRED to the assigned Magistrate Judge for all further pretrial proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/16/2026)
Jan 16, 2026
Minute Order AND Order on Motion for TRO