Eastern District of California • 1:26-cv-00143
(HC) Zamora-Vega v. Warden of the Detention Facility
Active
Case Information
Filed: January 09, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 25, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 09, 2026
(2241) PETITION for WRIT of HABEAS CORPUS and REQUEST for Injunctive Relief against Kristi Noem, Pamela Bondi, Warden of the Detention Facility, Todd M. Lyons by Sergio Zamora-Vega. (Deputy Clerk AML) (Entered: 01/09/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 09, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Sergio Zamora-Vega. (Deputy Clerk AML) (Entered: 01/09/2026)
Main Document:
In Forma Pauperis
#3
Jan 09, 2026
MOTION to APPOINT COUNSEL by Sergio Zamora-Vega. (Deputy Clerk AML) (Entered: 01/09/2026)
Main Document:
Appoint Counsel
#4
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 AML) (Entered: 01/09/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 09, 2026
Service by Mail
Jan 09, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Sergio Zamora-Vega. (Deputy Clerk AML)
#5
Jan 12, 2026
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Clear Flags
Jan 12, 2026
Service by Mail
Jan 12, 2026
SERVICE BY MAIL: 5 Order served on Sergio Zamora-Vega. (Deputy Clerk KS)
#6
Jan 20, 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. (Deputy Clerk OML) (Entered: 01/21/2026)
Main Document:
CONSENT/DECLINE
#7
Jan 26, 2026
[DISREGARD, see 10 Amended Answer] ANSWER to 1 Petition for Writ of Habeas Corpus by Respondents. Attorney Stefanki, Sam added. (Attachments: # 1 Exhibit)(Stefanki, Sam) Modified on 2/5/2026 (KLY). (Entered: 01/26/2026)
Main Document:
[DISREGARD,
#8
Jan 27, 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. (Stefanki, Sam) (Entered: 01/27/2026)
Main Document:
CONSENT/DECLINE
#9
Jan 30, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#10
Feb 04, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#11
Feb 05, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#12
Feb 18, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 2/18/2026: In light of the new arguments raised in respondents' first amended answer/return (ECF No. 10 ), the court requires additional information regarding petitioner's immigration proceedings to resolve the petition. Accordingly, respondents are directed to submit, no later than 3:00 p.m. on February 20, 2026, petitioner's most recent form I-213 and any transcripts or other documents relevant to the determination of the issues presented in the application. (Deputy Clerk SH) (Entered: 02/18/2026)
Feb 18, 2026
Service by Mail
Feb 18, 2026
SERVICE BY MAIL: 12 Minute Order served on Sergio Zamora-Vega. (Deputy Clerk SH)
Feb 18, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Feb 20, 2026
NOTICE of SUBMISSION of Relevant Documents by All Respondents. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Stefanki, Sam) Modified on 2/24/2026 (KS). (Entered: 02/20/2026)
Main Document:
NOTICE
#14
Feb 24, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#15
Feb 25, 2026
Findings and Recommendations AND Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Findings and Recommendations AND Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 25, 2026
Service by Mail
Feb 25, 2026
SERVICE BY MAIL: 15 Minute Order served on Sergio Zamora-Vega. (Deputy Clerk SH)
#16
Mar 04, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#17
Mar 17, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#18
Mar 17, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/17/2026: Pending the issuance of the court's order resolving the pending 17 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 17 motion for temporary restraining order. Further, because counsel for respondents has already appeared in this action, the court orders respondents to file a written opposition to the pending 17 motion for temporary restraining order by tomorrow, 3/18/2026, at 5 PM. In that opposition, respondents shall substantively address, and provide supporting documentation, the circumstances surrounding petitioner's detention on 11/8/2025, including the exact nature of the appointment that he was appearing for on that day and whether respondents have ever previously detained and released petitioner from respondents' custody at any time between his entry into the United States and his detention on or about 11/8/2025. If respondents indicate that petitioner was previously detained and released from respondents' custody, then respondents are directed to indicate whether any provision of law or fact in this case would distinguish it from this 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), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. (Deputy Clerk PAB) (Entered: 03/17/2026)
Mar 17, 2026
Service by Mail
Mar 17, 2026
SERVICE BY MAIL: 18 Minute Order served on Sergio Zamora-Vega. (Deputy Clerk PAB)
Mar 17, 2026
Minute Order
#19
Mar 18, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#20
Mar 19, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/19/2026: On 3/16/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order seeking his immediate release from respondents' custody. (Doc. No. 17 .) On 3/17/2026, the court issued an order directing respondents to file an opposition in which they "substantively address, and provide supporting documentation, the circumstances surrounding petitioner's detention on 11/8/2025, including the exact nature of the appointment that he was appearing for on that day and whether respondents have ever previously detained and released petitioner from respondents' custody at any time between his entry into the United States and his detention on or about 11/8/2025." (Doc. No. 18 .) On 3/18/2026, respondents filed an opposition to the motion in which respondents have indicated that immigration officials originally encountered petitioner on 7/18/2018, and therefore, "it appears that immigration authorities subsequently released Zamora-Vega prior to his re-detention in November 2025." (Doc. No. 19 ) (citing Doc. No. [19-1] at 3.) Respondents further indicate that they "are not aware of any provision of law distinguishing this case from Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), at least to the extent that the Court found in that case that immigration authorities' release of detained aliens creates an implied promise not to reinitiate their detention without a hearing." (Id. at 4.) Petitioner entered the United States at an unknown date without encountering immigration officials. He was subsequently detained on or about 7/17/2018 after he was arrested for violations of the California Penal Code and Health and Safety Code governing kidnapping, domestic violence, and possession of paraphernalia. Petitioner was subsequently convicted of kidnapping and apparently sentenced to probation with a condition that he serve 60 days in jail. Petitioner was subsequently re-detained by immigration officials on 11/8/2025 when he voluntarily appeared at an ICE office for a scheduled appointment. There is no indication that petitioner was provided notice that he would be re-detained. Respondents argue that petitioner is subject to mandatory detention only under § 1225(b)(2) because he is an applicant for admission. (Doc. No. 19 at 4.) Having considered the parties' arguments and circumstances surrounding petitioner's re-detention, the court adopts the reasoning outlined in its prior order Ayala Cajina and concludes that petitioner's re-detention violates due process. Accordingly, the court GRANTS petitioner's motion for temporary restraining order as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody under the same conditions that he was subject to prior to his re-detention on or about 11/8/2025; (2) Respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a hearing before an immigration judge where respondents will have the burden of establishing, by clear and convincing evidence, that petitioner is either a danger 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). Because new information has now been provided to the court regarding the circumstances involved in this case after the assigned magistrate judge issued findings and recommendation on petitioner's earlier filed motion for a preliminary injunction (Doc. No 15 ), respondents are directed to indicate in writing by 3/25/2026, at noon whether they oppose the undersigned resolving the merits of the petition for writ of habeas corpus based upon the briefing that has now been submitted. (Deputy Clerk JRM) (Entered: 03/19/2026)
Mar 19, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 19, 2026
Service by Mail
Mar 19, 2026
SERVICE BY MAIL: 20 Minute Order served on Sergio Zamora-Vega. (Deputy Clerk JRM)
#21
Mar 25, 2026
RESPONSE by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden of the Detention Facility to 20 Minute Order,,,,,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,,,,,,,. (Stefanki, Sam) (Entered: 03/25/2026)
Main Document:
RESPONSE
#22
Mar 25, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
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