Eastern District of California • 1:26-cv-00159

(HC) Smile v. Wofford

Active

Case Information

Filed: January 10, 2026
Assigned to: Dale Alan Drozd
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: March 13, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 10, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Todd Lyons, Kristi Noem, Minga Wofford by Smile Smile. (Filing fee $ 5, receipt number ACAEDC-12744990) (Attachments: # 1 Civil Cover Sheet)(Kaur, Gurpreet) (Entered: 01/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Smile Smile. (Attachments: # 1 Memorandum, # 2 Notice, # 3 Proposed Order)(Kaur, Gurpreet) (Entered: 01/10/2026)
Main Document: Temporary Restraining Order
#3
Jan 10, 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: 01/10/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 11, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/11/2026: (Text Only Entry). Pending the issuance of the courts order resolving the pending 2 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 petitioners pending 2 motion for temporary restraining order. Further, no later than tomorrow, 1/12/2026, by 5:00 PM, petitioners counsel is DIRECTED (1) to serve respondents with a copy of the petition, 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 2 motion for temporary restraining order by 5:00 PM on Tuesday, 1/13/2026. 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 Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 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. (Entered: 01/11/2026)
#5
Jan 11, 2026
CERTIFICATE / PROOF of SERVICE by Smile Smile re 4 Minute Order,,,,,,,,. (Kaur, Gurpreet) (Entered: 01/11/2026)
Main Document: Certificate / Proof of Service
Jan 11, 2026
Minute Order
#6
Jan 13, 2026
OPPOSITION to 2 Motion for Temporary Restraining Order and Preliminary Injunction, and REQUEST for 180-DAY PERIOD OF TIME in which to Respond to 1 Petition for Writ of Habeas Corpus by All Respondents. Attorney Campbell, Charles added. (Campbell, Charles) Modified on 1/14/2026 (HAH). (Entered: 01/13/2026)
Main Document: OPPOSITION
#7
Jan 13, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/13/2026: On 1/10/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On 1/11/2026, the court issued an order directing respondents to substantively address whether any provision of law or fact in this case would distinguish it from this courts decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. (Doc. No. 4 ). Nonetheless, respondents in their opposition do not address the courts prior orders in Perez or O.A.C.S. as directed. (See Doc. No. 6 ). In any event, respondents also do present any meaningful argument in opposition to plaintiffs pending motion for a temporary restraining order. Accordingly, the court will construe respondents non-responsiveness as a concession that the instant case is neither legally nor factually distinguishable from the circumstances addressed by the court in Perez and O.A.C.S. Moreover, respondents appear to agree that any motion for preliminary injunction may be submitted on their briefing filed in opposition to the pending motion for a temporary restraining order. (See id. at 1). Accordingly, pursuant to the courts reasoning as stated in Perez and O.A.C.S., petitioners motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for a preliminary injunction and is hereby GRANTED in part, with the court ordering as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents custody on the same conditions that he was subject to immediately prior to his detention on or about 9/18/2025; 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 bear the burden of demonstrating a change in circumstances to justify petitioners re-detention. Petitioners motion for temporary restraining order seeking an order enjoining respondents from transferring petitioner out of the Eastern District of California during the pendency of these proceedings is denied as moot. Furthermore, respondents request that the court set a 180-day briefing schedule for respondents to file an opposition to the pending petition for writ of habeas corpus is DENIED without prejudice to renewal before the assigned magistrate judge. 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 petition for writ of habeas corpus (Doc. No. 1 ), is referred to Magistrate Judge Carolyn K. Delaney for further proceedings. (Deputy Clerk PAB) (Entered: 01/13/2026)
Jan 13, 2026
Minute Order AND Order on Motion for TRO
#8
Jan 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Campbell, GOVT for All Respondents. (Campbell, Charles) Modified on 1/15/2026 (HAH). (Entered: 01/14/2026)
Main Document: DESIGNATION
#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. (Campbell, Charles) (Entered: 01/14/2026)
Main Document: CONSENT/DECLINE
Feb 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 23, 2026
Findings and Recommendations AND Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Feb 27, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#14
Mar 13, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#15
Mar 13, 2026
Judgment
Main Document: Judgment