Eastern District of California • 1:26-cv-00100

#1

Jan 07, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Gilberto Vasquez Vigil. (Filing fee $ 5, receipt number ACAEDC-12733962) (Beles, Robert) Modified on 1/8/2026 (HAH). (Entered: 01/07/2026)

#2

Jan 07, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Gilberto Vasquez Vigil. (Beles, Robert) (Entered: 01/07/2026)

#3

Jan 07, 2026

CIVIL COVER SHEET filed by Gilberto Vasquez Vigil. (Beles, Robert) (Entered: 01/07/2026)

#4

Jan 07, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/9/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 01/07/2026)

#5

Jan 07, 2026

PROOF of SERVICE re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order, and 3 Civil Cover Sheet by Gilberto Vasquez Vigil. (Beles, Robert) Modified on 1/8/2026 (HAH). (Entered: 01/07/2026)

#6

Jan 09, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 1/9/2026 ORDERING that Petitioner's Motion for a Temporary Restraining Order (ECF No. 2 ) is GRANTED. The bond requirement of Federal Rule of Civil Procedure 65(c) is waived. Petitioner Gilberto V.V. shall be RELEASED IMMEDIATELY from Respondents' custody. Respondents shall not impose any additional restrictions on him, unless such restrictions are 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, including seven-days' notice and a hearing before a neutral fact-finder where: (a) Respondents show there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrateby clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have his counsel present. Respondents are ORDERED TO SHOW CAUSE why this Court should not issue a preliminary injunction requiring Respondents to continue to abide by this Court's Order. Respondents shall file responsive papers by 1/14/2026 by 5:00 p.m. Petitioner may file a reply, if any, by 1/19/2026. If the parties agree upon a less demanding briefing schedule, the Court will consider the parties' proposal. The parties shall indicate in their briefing whether they request a hearing. Petitioner is ordered to serve this Temporary Restraining Order and Order to Show Cause and all supporting pleadings and papers on Respondents at usacae.ecf2241-imm@usdoj.gov by 10:00 a.m. on 1/10/2026. Petitioner shall file proof of such service no later than 11:00 a.m. on 1/10/2026. Respondents are hereby notified of their right to apply to the Court for modification or dissolution of the Temporary Restraining Order on two days' notice to Petitioner. The Clerk of Court is DIRECTED to update the docket to only list Petitioner's first name and last initials. (Deputy Clerk MDK) (Entered: 01/09/2026)

#7

Jan 13, 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. (Beles, Robert) (Entered: 01/13/2026)

#8

Jan 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Robert Abendroth, GOVT for All Respondents. (Abendroth, Robert) (Entered: 01/14/2026)

#9

Jan 14, 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. (Abendroth, Robert) (Entered: 01/14/2026)

#10

Jan 14, 2026

MOTION to DISMISS, RESPONSE to Petition for Writ of Habeas Corpus; OPPOSITION to Preliminary Injunction; OPPOSITION to TRO by Pam Bondi, Golden State Annex Detention Facility, Todd M. Lyons, Kristi Noem. (Abendroth, Robert) Modified on 1/15/2026 (AJB). (Entered: 01/14/2026)

#11

Jan 15, 2026

REPLY to 10 Motion to Dismiss and Opposition by Gilberto V.V. (Beles, Robert) Modified on 2/2/2026 (HAH). (Entered: 01/15/2026)

#12

Jan 22, 2026

PRELIMINARY INJUNCTION signed by Chief District Judge Troy L. Nunley on January 22, 2026. To prevent further irreparable harm, the Court issues a preliminary injunction. Respondents are enjoined and restrained from imposing additional restrictions on Petitioner's terms of release, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Respondents are further enjoined and restrained from re-arresting orre-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation/custody hearing before a neutral decisionmaker, where the Government shall bear the burden of proving by clear and convincing evidence that: (a) there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Petitioner poses a danger to thecommunity or a flight risk. Petitioner shall be allowed to have his counsel present at the hearing. Pursuant to Local Rule 302(a), this matter is hereby REFERRED to the assigned Magistrate Judge for further proceedings. (Deputy Clerk MDK) (Entered: 01/22/2026)

#13

Jan 26, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/26/2026.Respondents request that any further briefing in this case be held in abeyance pending the resolution of the pending Ninth Circuit appeal in Rodriguez v. Bostock, 779 F. Supp. 3d 1239 (W.D. Wash. 2025). ECF No. 10 at 2-3. Within fourteen days, petitioner shall notify the court whether he opposes a stay of the petition pending the outcome of the appeal in Rodriguez and, if so, on what grounds. (Text Only Entry). (Deputy Clerk JAA) (Entered: 01/26/2026)

Jan 26, 2026

Minute Order

#14

Aug 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 18, 2026: In light of the Ninth Circuit's decision in Rodriguez v. Bostock, No. 25-6842, 2026 WL 2196424 (9th Cir. July 30, 2026), the Court hereby retains this matter and revokes the prior referral to the assigned magistrate judge pursuant to Local Rule 302(d). Respondents are ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by August 28, 2026. Petitioner may file a reply by September 4, 2026. If no further briefs are filed, the Court will presume the parties rest on the record and will consider all arguments set forth in ECF Nos. 1, 2, 10, and 11 in ruling on the Petition. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/18/2026)

Aug 18, 2026

Minute Order

#15

Sep 02, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 9/1/2026 GRANTING 1 Petition for Writ of Habeas Corpus; DENYING 10 Motion to Dismiss. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections. The Clerk shall enter judgment in favor of Petitioner. CASE CLOSED. (Deputy Clerk KEZ) (Entered: 09/02/2026)

#16

Sep 02, 2026

JUDGMENT dated *9/2/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/1/2026 in favor of Petitioner. (Deputy Clerk KEZ) (Entered: 09/02/2026)