Eastern District of California • 2:25-cv-02070

#1

Jul 24, 2025

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, et al by Luis David Garcia-Ayala. (Attachments: # 1 Civil Cover Sheet) (Filing fee $ 5.00, receipt number ACAEDC-12356431) (Habib, Peter) (Entered: 07/24/2025)

#2

Jul 25, 2025

Summons

#3

Jul 25, 2025

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 DJC Standing Order, # 2 Consent Form, # 3 VDRP) (Deputy Clerk RRB) (Entered: 07/25/2025)

#4

Jul 29, 2025

Temporary Restraining Order

#5

Jul 29, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/29/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Respondent shall file an Opposition to Petitioner's 4 Motion no later than 12:00 PM on 7/31/2025. Petitioner shall file a Reply, if any, no later than 11:59 PM on 7/31/2025. Motion Hearing SET for 8/1/2025 at 11:00 AM, via videoconference, before District Judge Daniel J. Calabretta. Petitioner shall serve a copy of this order on Respondents forthwith. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/29/2025)

#6

Jul 29, 2025

DECLARATION of Peter Habib re Notice on opposing party re 4 Motion for Temporary Restraining Order by Luis David Garcia-Ayala. (Habib, Peter) Modified on 7/30/2025 (LMS). (Entered: 07/29/2025)

Jul 29, 2025

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#7

Jul 30, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/30/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Having received a request from Respondents and considering the date of Petitioner's confinement, the Court VACATES the motion hearing set for 7/31/2025 and RESETS the matter for 8/7/2025 at 3:30 PM, via videoconference, before District Judge Daniel J. Calabretta. Further, the Court MODIFIES the briefing schedule as follows: Respondents shall file an Opposition no later than 5:00 PM on 8/4/2025; Petitioner shall file a Reply, if any, no later than 5:00 PM on 8/6/2025. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/30/2025)

#8

Jul 30, 2025

AMENDED MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/30/2025: Before the Court is Petitioner's Motion for Temporary Restraining Order (ECF No. 4 ). Having received a request from Respondents and considering the date of Petitioner's confinement, the Court VACATES the motion hearing set for 8/1/2025 and RESETS the matter for 8/7/2025 at 3:30 PM, via videoconference, before District Judge Daniel J. Calabretta. Further, the Court MODIFIES the briefing schedule as follows: Respondents shall file an Opposition no later than 5:00 PM on 8/4/2025; Petitioner shall file a Reply, if any, no later than 5:00 PM on 8/6/2025. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/30/2025)

#9

Jul 30, 2025

Application for Pro Hac Vice and Proposed Order

Jul 30, 2025

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Jul 30, 2025

Minute Order

#10

Jul 31, 2025

Order on Application for Pro Hac Vice

#11

Aug 04, 2025

Opposition to Motion

#12

Aug 06, 2025

Reply to Response to Motion

#13

Aug 06, 2025

DESIGNATION of COUNSEL FOR SERVICE Added attorney Audrey Benison Hemesath, GOVT for Tonya Andrews, Moises Becerra, Pamela Bondi, Kristi Noem and Alexander Pham. (Hemesath, Audrey) Modified on 8/7/2025 (VLC). (Entered: 08/06/2025)

#14

Aug 07, 2025

MINUTES FOR MOTION HEARING held before District Judge Daniel J. Calabretta on 8/7/2025. Robert Pauw and Peter Habib appeared for Petitioner. Audrey Hemesath appeared for Respondent. The Court ORDERED Petitioner's 4 Motion for Temporary Restraining Order submitted. Order to issue. Court Reporter: Jennifer Coulthard. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/07/2025)

Aug 07, 2025

Motion Hearing AND ~Util - Motions Submitted/Under Advisement

#15

Aug 08, 2025

Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

#16

Aug 11, 2025

STATUS REPORT and MOTION to DISMISS for mootness by All Respondents. (Hemesath, Audrey) Modified on 8/12/2025 (AJB). (Entered: 08/11/2025)

#17

Aug 13, 2025

OPPOSITION to 16 Motion to Dismiss by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/13/2025 (AJB). (Entered: 08/13/2025)

#18

Aug 14, 2025

SUPPLEMENTAL BRIEFING and RESPONSE by Tonya Andrews, Moises Becerra, Pamela Bondi to 15 Order to Show Cause. (Tierney, Michael) Modified on 8/15/2025 (AJB). (Entered: 08/14/2025)

#19

Aug 19, 2025

JOINT REQUEST FOR TELEPHONIC/REMOTE APPEARANCE at the 8/22/2025 Hearing on Preliminary Injunction and Order to Show Cause hearing by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/20/2025 (OML). (Entered: 08/19/2025)

#20

Aug 19, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/19/2025: The Court GRANTS the parties Joint Request for Remote Appearance. (ECF No. 19 ). The hearing on Preliminary Injunction and Order to Show Cause, set for 8/22/2025, shall be conducted via videoconference. Instructions for remote appearance will be sent to all parties via e-mail. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/19/2025)

Aug 19, 2025

Minute Order

#21

Aug 20, 2025

SUPPLEMENTAL REPLY to 18 Response by Luis David Garcia-Ayala. (Habib, Peter) Modified on 8/21/2025 (OML). (Entered: 08/20/2025)

#22

Aug 22, 2025

MINUTES FOR HEARING RE PRELIMINARY INJUNCTION held via video conference before District Judge Daniel J. Calabretta on 8/22/2025. Robert Pauw and Peter Habib appeared for Petitioner. Michael Tierney appeared for Respondents. The Court CONTINUED the 15 Temporary Restraining Order pending the issuance of a further Court Order and ORDERED the matter submitted. Order to issue. Court Reporter: Kimberly Bennett. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/22/2025)

Aug 22, 2025

In Court Hearing AND ~Util - Motions Submitted/Under Advisement

#23

Sep 05, 2025

Order AND Order on Motion to Dismiss

#24

Sep 08, 2025

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Jeremy D. Peterson on 9/8/2025: Respondent is directed to file a response to the 1 Petition for Writ of Habeas Corpus within 21 days. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/08/2025)

Sep 08, 2025

Minute Order

#25

Sep 29, 2025

OPPOSITION by Respondents Tonya Andrews, Moises Becerra, Pamela Bondi to 1 Petition for Writ of Habeas Corpus. (Tierney, Michael) (Entered: 09/29/2025)

#26

Apr 13, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/13/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 15 .) Still pending is petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. I have addressed this issue previously and have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated and hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 23, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 04/13/2026)

Apr 13, 2026

Findings and Recommendations

#27

Apr 17, 2026

Objections to Findings and Recommendations

#28

Apr 23, 2026

RESPONSE by Luis David Garcia-Ayala to 26 Findings and Recommendations (Motion),,,,,,,, 27 Objections to Findings and Recommendations. (Habib, Peter) (Entered: 04/23/2026)

#29

Apr 30, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations

#30

Apr 30, 2026

Judgment