Eastern District of California • 1:26-cv-00338

#1

Jan 16, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Tamin Yaneth De Paz Lopez De Garcia. (Filing fee $ 5, receipt number ACAEDC-12770222) (Attachments: # 1 Civil Cover Sheet)(Vergara, Jose) (Entered: 01/16/2026)

#2

Jan 16, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Tamin Yaneth De Paz Lopez De Garcia. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Notice, # 4 Proposed Order, # 5 TRO Checklist)(Vergara, Jose) (Entered: 01/16/2026)

#3

Jan 16, 2026

CERTIFICATE / PROOF of SERVICE by Tamin Yaneth De Paz Lopez De Garcia re 2 Motion for TRO and 1 Petition for Writ of Habeas Corpus. (Vergara, Jose) (Entered: 01/16/2026)

#4

Jan 16, 2026

Prisoner New Case Documents for Magistrate Judge as Presider

#5

Jan 16, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/16/2026: Pending the issuance of the court's 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 petitioner's pending 2 motion for temporary restraining order. Further, no later than Tuesday, 1/20/2026, by 5:00 PM, petitioner's 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 Wednesday, 1/21/2025. 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 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. Respondents are also DIRECTED to address whether they oppose conversion of the pending 2 motion for temporary restraining order to 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 PAB) (Entered: 01/16/2026)

Jan 16, 2026

Minute Order

#6

Jan 19, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Christopher Chestnut,Jonathan Williams, GOVT for Todd M. Lyons,Jonathan Williams, GOVT for Kristi Noem,Jonathan Williams, GOVT for Timothy Robbins,Jonathan Williams, GOVT for U.S. Department of Homeland Security (Williams, Jonathan) (Entered: 01/19/2026)

#7

Jan 19, 2026

RESPONSE by Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem, Timothy Robbins, U.S. Department of Homeland Security to 5 Minute Order,,,,,,,,. (Williams, Jonathan) (Entered: 01/19/2026)

#8

Jan 19, 2026

REPLY by Tamin Yaneth De Paz Lopez De Garcia re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Vergara, Jose) (Entered: 01/19/2026)

#9

Jan 22, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/22/2026: On 1/16/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ). On 1/19/2026, respondents filed their opposition (Doc. No. 7 ) to the motion. Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), where the court concluded that due process required a pre-detention hearing to protect the petitioner's liberty interest in their continued release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, as in Ayala Cajina and O.A.C.S., petitioner previously encountered immigration authorities, was detained by those authorities, and was later released "on her own recognizance[.]" (Doc. No. 1 at 1.) Accordingly, pursuant to the reasoning in Ayala Cajina and O.A.C.S., and in light of respondents' statement that they "do not oppose this Court converting the motion for a TRO into a motion for preliminary injunction" (Doc. No. 7 at 1), petitioner's motion for a temporary restraining order (Doc. No. 2 ) is converted into a motion for preliminary injunction and GRANTED. The court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions that governed her release immediately prior to her detention on December 19, 2025; and (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 a neutral adjudicator. 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. This action is hereby REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk PAB) (Entered: 01/22/2026)

Jan 22, 2026

Minute Order AND Order on Motion for TRO

#10

Feb 09, 2026

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