Eastern District of California • 1:26-cv-00129

#1

Jan 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Juan Carlos Esquivel Ochoa. Attorney Karmali, Aliya added. (Attachments: # 1 Declaration, # 2 Proposed Order) (Karmali, Aliya) (Entered: 01/08/2026)

#2

Jan 08, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Juan Carlos Esquivel Ochoa. (Filing fee $ 5, receipt number ACAEDC-12739629) (Attachments: # 1 Declaration, # 2 Civil Cover Sheet) (Karmali, Aliya) (Entered: 01/08/2026)

#3

Jan 08, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/12/2026. (Attachments: # 1 Consent Form) (Deputy Clerk JJD) (Entered: 01/08/2026)

Jan 08, 2026

Prisoner New Case Documents for Magistrate Judge as Presider

#4

Jan 09, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 1/9/2026: (Text Only Entry).Pending the issuance of the courts order resolving the pending 1 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 1 motion for temporary restraining order. Further, no later than today, 1/9/2026, 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 1 motion for temporary restraining order by 5:00 PM on Monday, 1/12/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this courts decision in either O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025) or Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties proposal. (Deputy Clerk CAL) (Entered: 01/09/2026)

#5

Jan 09, 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. (Karmali, Aliya) (Entered: 01/09/2026)

#6

Jan 09, 2026

Pseudonym

#7

Jan 09, 2026

Certificate / Proof of Service

Jan 09, 2026

Minute Order

#8

Jan 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Sergio Albarran,Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Christopher Chesnut,Audrey Benison Hemesath, GOVT for Todd M. Lyons,Audrey Benison Hemesath, GOVT for Kristi Noem (Hemesath, Audrey) (Entered: 01/12/2026)

#9

Jan 12, 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. (Hemesath, Audrey) (Entered: 01/12/2026)

#10

Jan 12, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chesnut, Todd M. Lyons, Kristi Noem to 4 Minute Order,,,,,,,, 1 Motion for Temporary Restraining Order, 2 Petition for Writ of Habeas Corpus,. (Hemesath, Audrey) (Entered: 01/12/2026)

#11

Jan 13, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/13/2026: On 1/8/2026 petitioner filed a motion for a temporary restraining order requesting his immediate release from custody. (Doc. No. 1 .) On 1/9/2026, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish it from the circumstances addressed in either O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025) or Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (HC), 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court. (Doc. No. 4 .) On 1/12/2026, respondents filed their opposition (Doc. No. 10 ) to petitioners motion. Respondents concede therein that respondents counsel reviewed the cases cited in the Courts minute order and acknowledges that the procedural posture of this case is the same. (Doc. No. 10 at 2.) Moreover, respondents counsel did not argue that the courts prior cited decisions are distinguishable from petitioners case. (Id.) Accordingly, pursuant to the courts reasoning as stated in O.A.C.S. and Rocha Chavarria, petitioners motion for a temporary restraining order (Doc. No. 1 ) is granted, and the court ORDERS the following: (1) respondents are ORDERED to immediately release petitioner from respondents custody on the same conditions he was subject to immediately prior to his November 19, 2025, detention; and (2) respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate a change in circumstances justifying petitioners re-detention. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 01/13/2026)

Jan 13, 2026

Minute Order AND Order on Motion for TRO