Eastern District of California • 1:26-cv-00115

#1

Jan 08, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against ICE Field Office Director by Ismael Cruz Suastegui. (Deputy Clerk OFR) (Entered: 01/09/2026)

#2

Jan 08, 2026

EMERGENCY MOTION for IMMEDIATE RELEASE by Ismael Cruz Suastegui. (Deputy Clerk OFR) (Entered: 01/09/2026)

Jan 08, 2026

RECEIPT number 100006834: $5.00 for Writ of Habeas Corpus from Ismael Suastegui. (Deputy Clerk OFR)

#3

Jan 09, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/12/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 01/09/2026)

Jan 09, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Ismael Cruz Suastegui. (Deputy Clerk OFR)

Jan 09, 2026

Service by Mail

#4

Feb 11, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Needle for ICE Field Office Director (Needle, Jonathan) (Entered: 02/11/2026)

#5

Feb 11, 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. (Anonymous) (Entered: 02/11/2026)

#6

Feb 13, 2026

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Feb 13, 2026

Service by Mail

Feb 13, 2026

SERVICE BY MAIL: 6 Order served on Ismael Cruz Suastegui. (Deputy Clerk KLY)

#7

Feb 24, 2026

MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 2/24/2026: Pursuant to the 6 Order dated 2/13/2026, the appointing authority for the Eastern District of California has confirmed that Federal Public Defender, District of Idaho and Nicole Owens, Assistant Federal Public Defender, seek appointment and notified of Counsel's contact information. Attorney Nicole Owens is hereby appointed as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Nicole Owens, as counsel for petitioner on an ad hoc basis in this matter. (Text only entry) (Deputy Clerk NAC) (Entered: 02/24/2026)

Feb 24, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Feb 26, 2026

Discovery AND Stay

#9

Mar 03, 2026

Notice of Appearance

#10

Mar 03, 2026

Temporary Restraining Order

#11

Mar 04, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/4/2026: Pending the issuance of the court's order resolving the pending 10 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 court's 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 10 motion for temporary restraining order. Respondents shall file a written opposition to the pending 10 motion for temporary restraining order by 5:00 PM on Thursday, 3/5/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Correa-Correa v. Albarran, No. 1:26-cv-01283-DAD-CKD, 2026 WL 482748 (E.D. Cal. Feb. 20, 2026); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC, 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); or Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC, 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are directed to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk JRM) (Entered: 03/04/2026)

Mar 04, 2026

Minute Order

#12

Mar 09, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 3/9/2026: (Text Only Entry); GRANTING 10 Motion for TRO. On 3/3/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 10 ). On 3/4/2026, the court issued an order directing respondents to file an opposition to petitioner's motion by Thursday, 3/5/2026. (Doc. No. 11 .) Respondent's counsel previously entered his designation of counsel for purposes of service on 2/11/2026. (Doc. No. 4 .) Nonetheless, to date, respondents have failed to file an opposition to the pending motion as directed. A review of the filings submitted by petitioner reveals that he was deported to Mexico in 2003 following his criminal conviction. (Doc. No. 10 at 4.) Petitioner returned to the United States later that year. (Id.) In 2014, petitioner was detained by Immigration and Customs Enforcement ("ICE") officials and released with check in requirements. (Id.) Petitioner was re-detained on 6/1/2025. (Id.) Due to petitioner's prior deportation, it appears that his detention is pursuant to 8 U.S.C. § 1231(a)(6). See Correa-Correa v. Albarran, No. 1:26-cv-01283-DAD-CKD, 2026 WL 482748 (E.D. Cal. Feb. 20, 2026) (finding that § 1231(a)(6) applies to noncitizens subject to final removal orders who have been previously removed and reenter the United States.) The court finds analogous the reasoning set forth in the court's decision in Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC, 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025), in which the court found that the petitioner was likely to succeed on the merits of his claims based on ICE's failure to comply with their own regulations governing re-detention pursuant to § 1231(a)(6). To the extent petitioner is not subject to a final order of removal, the court finds analogous the reasoning set forth in the court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), in which the court found that petitioner retained a liberty interest in his continued release on conditions regardless of whether his detention was pursuant to 8 U.S.C. § 1225 or § 1226. Accordingly, the court GRANTS petitioner's motion for temporary restraining order as follows: (1) respondents are ORDERED to immediately release petitioner under the same conditions he was subject to immediately prior to his re-detention on or about 6/1/2025; (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate that petitioner is a danger to the community or flight risk. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule no later than seven (7) days from the date of entry of this order with respect to any motion for a preliminary injunction and to state whether they oppose the court resolving the merits of the underlying habeas petition on the briefing submitted in connection with the motion for preliminary injunction. (Deputy Clerk CAL) (Entered: 03/09/2026)

Mar 09, 2026

Minute Order AND Order on Motion for TRO

#13

Mar 16, 2026

Notice (Other)

#14

Mar 31, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for ICE Field Office Director, attorney Jonathan Needle terminated. (Andrews, Anthony) Modified on 4/1/2026 (KLY). (Entered: 03/31/2026)

#15

Mar 31, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/31/2026: On 3/16/2026, the parties in this action filed a 13 stipulation for a proposed briefing schedule as to petitioner's pending 1 petition for writ of habeas corpus. Pursuant to the 13 stipulation, and good cause appearing, respondents shall file their answer to the 1 petition no later than 3/31/2026. Petitioner shall file any traverse no later than seven (7) days after service of respondents' answer. The parties have further stipulated that the petition will be taken under submission without a hearing following petitioner's traverse. (Deputy Clerk PAB) (Entered: 03/31/2026)

#16

Mar 31, 2026

Dismiss

Mar 31, 2026

Minute Order

#17

Apr 07, 2026

OPPOSITION to 16 Motion to Dismiss by Ismael Cruz Suastegui . (Macomber, Samuel) Modified on 4/8/2026 (KLY). (Entered: 04/07/2026)

#18

Apr 14, 2026

Amend the Complaint/Petition