Eastern District of California • 1:26-cv-00597

(HC) Aguilera Macias v. Noem

Active

Case Information

Filed: January 23, 2026
Assigned to: Kirk E. Sherriff
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 23, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Armando Aguilera Macias. (Filing fee $ 5, receipt number ACAEDC-12803565) (Attachments: # 1 Civil Cover Sheet) (Myers, Robert) (Entered: 01/23/2026)
Main Document: PETITION
#2
Jan 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Armando Aguilera Macias. (Attachments: # 1 Points and Authorities) (Myers, Robert) (Entered: 01/23/2026)
Main Document: MOTION
#3
Jan 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 01/26/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 26, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 1/26/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Respondents shall file any opposition to the 2 motion for temporary restraining order by January 30, 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) any order granting or denying bond; and (3) any document authorizing parole. Petitioner may file a reply by February 3, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing. By January 26, 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, petitioner's A #, 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. ORDER PREVENTING TRANSFER PENDING FURTHER COURT ORDER. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 01/26/2026)
#5
Jan 26, 2026
CERTIFICATE / PROOF of SERVICE by Armando Aguilera Macias re 2 Motion for TROMotion for Preliminary Injunction, 1 Petition for Writ of Habeas Corpus. (Myers, Robert) (Entered: 01/26/2026)
Main Document: Certificate / Proof of Service
Jan 26, 2026
Minute Order
#6
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Pamela Jo Bondi,Cody S. Chapple for Geo Group, Inc.,Cody S. Chapple for Polly Kaiser,Cody S. Chapple for Kristi Noem,Cody S. Chapple for Warden Golden State Annex (Chapple, Cody) (Entered: 01/28/2026)
Main Document: DESIGNATION
#7
Jan 30, 2026
RESPONSE by Pamela Jo Bondi, Geo Group, Inc., Polly Kaiser, Kristi Noem, Warden Golden State Annex to 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Declaration DO Alejandro Parra Jaimes, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Chapple, Cody) (Entered: 01/30/2026)
Main Document: RESPONSE
#8
Feb 03, 2026
RESPONSE by Armando Aguilera Macias to 7 Response,. (Attachments: # 1 Proposed Order)(Myers, Robert) (Entered: 02/03/2026)
Main Document: RESPONSE
#9
Feb 23, 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. (Attachments: # 1 Appendix Attachment 1)(Anonymous) (Entered: 02/23/2026)
Main Document: CONSENT/DECLINE
#10
Mar 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/23/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Petitioner argues that his detention violates the Due Process Clause and requests that the Court order his release subject to a pre-deprivation bond hearing. But his motion indicates that he has already received at least one bond hearing pursuant to 8 U.S.C. § 1226(a), as recently as January 20, 2026, and the immigration judge denied bond after finding that petitioner was a danger. See Doc. 2-1 at 3. In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Petitioner has received the process required by 8 U.S.C. § 1226(a), and his motion fails to explain how due process requires a further bond hearing. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 03/23/2026)
#11
Mar 23, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 23, 2026
Minute Order AND Order on Motion for TRO
#12
May 07, 2026
RESPONSE by Pamela Bondi, Geo Group, Inc., Polly Kaiser, Kristi Noem, Warden Golden State Annex to 11 Order, Set/Reset Deadlines and Hearings. (Chapple, Cody) (Entered: 05/07/2026)
Main Document: RESPONSE
#13
Jun 06, 2026
RESPONSE by Armando Aguilera Macias to 11 Order, Set/Reset Deadlines and Hearings. (Myers, Robert) (Entered: 06/06/2026)
Main Document: RESPONSE
#14
Jun 18, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#15
Jun 18, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/18/2026: Petitioner's 14 ex parte motion for temporary restraining order is GRANTED, and respondents are ORDERED to release petitioner immediately. On June 2, 2026, an immigration judge granted petitioner's application for adjustment of status and ordered petitioner immediately released from custody. Doc. 14, Ex. 1; Doc. 14, Myers Decl. at 4-7. An immigration judge has the authority to order a detainee's release pursuant to 8 U.S.C. § 1226(a). See 8 C.F.R. § 1236.1(d)(1). Despite the immigration judge's order, ICE has continued to detain petitioner. Doc. 14, Myers Decl. at 6. Respondents have not filed a Notice of Appeal of the immigration judge's order, see Doc. 14 at 4, and even if they had, "[t]he filing of an appeal from a determination of an immigration judge [that a petitioner should be released] shall not operate to delay compliance with the order (except as provided in § 1003.19(i))." 8 C.F.R. § 1236.1(d)(4). The Court therefore finds that petitioner is likely to succeed on his claim that he is being detained in violation of the immigration judge's lawful order. And for the reasons stated in Otilio B.F. v. Andrews, 809 F. Supp. 3d 1038, 1055 (E.D. Cal. 2025), which involved similar circumstances to those here, the Court finds that petitioner will suffer irreparable harm in the absence of a temporary restraining order, that the balance of hardships tips sharply in his favor, and that the public interest weighs in his favor. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the 1 petition for writ of habeas corpus by June 24, 2026. 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."). Petitioner may file a reply to respondents' response to the order to show cause by June 29, 2026. (Entered: 06/18/2026)
Jun 18, 2026
Minute Order AND Order on Motion for TRO
#17
Jun 28, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/28/2026: On June 18, 2026, the Court granted petitioner's 14 ex parte motion for temporary restraining order based on the fact that an immigration judge had ordered petitioner released from detention and ICE had nevertheless continued to detain him. Doc. 15. The Court further ordered respondents to show cause why the petition for writ of habeas corpus should not be granted. See id. On June 24, 2026, respondents filed a response to the Court's order to show cause, in which they make no new arguments and "ask the court to deny the petition based on Respondents' previously made arguments and filings incorporated herein." Doc. 16 at 2. But respondents' prior filings do not address the key fact that, on June 2, 2026, an immigration judge granted petitioner's application for adjustment of status and ordered him released from detention. See Docs. 7, 12. The petition for writ of habeas corpus is therefore granted for the reasons stated in the Court's 15 minute order. The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Entered: 06/28/2026)
Jun 28, 2026
Minute Order AND Order on Motion for Preliminary Injunction
#18
Jun 29, 2026
Judgment
Main Document: Judgment
Jun 29, 2026
~Util - Terminate Civil Case