Eastern District of California • 1:26-cv-00319

(HC) Moran Enriquez De Lopez v. Robbins

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Case Information

Filed: January 15, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: February 06, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 15, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem, Timothy Robbins, U.S. Department of Homeland Security (DHS) by Claudia Raquel Moran Enriquez De Lopez. (Filing fee $ 5, receipt number ACAEDC-12767707) (Attachments: # 1 Civil Cover Sheet)(Vergara, Jose) (Entered: 01/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Claudia Raquel Moran Enriquez De Lopez. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Notice, # 4 Proposed Order, # 5 TRO checklist)(Vergara, Jose) (Entered: 01/15/2026)
Main Document: Temporary Restraining Order
#3
Jan 15, 2026
CERTIFICATE / PROOF of SERVICE by Claudia Raquel Moran Enriquez De Lopez re 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Vergara, Jose) (Entered: 01/15/2026)
Main Document: Certificate / Proof of Service
#4
Jan 15, 2026
ORDER RE CONSENT ISSUED. Consent or Decline due by 2/20/2026. (Deputy Clerk CM) (Entered: 01/15/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Jan 16, 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. (Vergara, Jose) (Entered: 01/16/2026)
Main Document: CONSENT/DECLINE
#6
Jan 16, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 1/16/2026: (Text Only Entry). The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker,, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a single response to the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order by January 22, 2026. The response shall provide the Court with copies of all referenced/relevant portions of petitioner's A-File, in addition to all of the following documents if they were provided to petitioner: (1) Form I-862, Notice to Appear; (2) Form I-220A, Order of Release on Recognizance; (3) Form I-286, Notice of Custody Determination; (4) any document authorizing parole; (5) any order of removal; (6) any notice of revocation of release; (7) any order of supervision; and (8) any and all available records documenting and/or detailing the nature of any alleged violations of supervised release. Petitioner may file a reply by January 26, 2026. The parties shall also state in their briefing whether they request a hearing in this matter. By January 16, 2026, to the extent not already accomplished, petitioner's counsel is directed: (1) to serve respondents with a copy of the petition, the motion for temporary restraining order, the accompanying papers, and a copy of this Order, by e-mail to all appropriate recipients including the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov, and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance. (Deputy Clerk VMG) (Entered: 01/16/2026)
Jan 16, 2026
Minute Order
#7
Jan 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Christopher Chestnut,Audrey Benison Hemesath, GOVT for Todd M. Lyons,Audrey Benison Hemesath, GOVT for Kristi Noem,Audrey Benison Hemesath, GOVT for Timothy S. Robbins,Audrey Benison Hemesath, GOVT for U.S. Department of Homeland Security (Hemesath, Audrey) (Entered: 01/22/2026)
Main Document: DESIGNATION
#8
Jan 22, 2026
RESPONSE by Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem, Timothy S. Robbins, U.S. Department of Homeland Security to 6 Minute Order,,,,,,,,,,. (Attachments: # 1 Declaration)(Hemesath, Audrey) (Entered: 01/22/2026)
Main Document: RESPONSE
#9
Jan 23, 2026
REPLY by Claudia Raquel Moran Enriquez De Lopez re 1 Petition for Writ of Habeas Corpus, 8 Response. (Vergara, Jose) (Entered: 01/23/2026)
Main Document: REPLY
#10
Feb 04, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/04/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Petitioner asserts that she was improperly detained pursuant to 8 U.S.C. § 1225(b)(1), see Doc. 1 at para 38, but given that petitioner is subject to a reinstated final order of removal, 8 U.S.C. § 1231 governs her detention. See Johnson v. Guzman Chavez, 594 U. S. 523, 533-35 (2021). Petitioner's 2 motion also does not address the regulations governing her situation: ICE's revocation of the release of a noncitizen subject to a final order of removal who had previously been released pending withholding-only proceedings. See 8 C.F.R. §§ 241.13(i) and 241.4(l); J.R.M.J. v. Wofford, No. 1:25-CV-01567-DC-SCR, 2025 WL 3295593, at *4-5 (E.D. Cal. Nov. 26, 2025). Petitioner does not allege a violation of the regulations or address why due process in her specific situation would require release notwithstanding compliance with the regulations. Petitioner has not met her burden, on the present motion, to show that she is likely to succeed on the merits of her due process claim. This matter is referred to the assigned magistrate judge for the preparation of findings and recommendations on the petition or other appropriate action. (Deputy Clerk VMG) (Entered: 02/04/2026)
Feb 04, 2026
Minute Order AND Order on Motion for TRO
#11
Feb 06, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings