Eastern District of California • 1:26-cv-00660

(HC) Jaque Bermudez v. Cruz

Completed

Case Information

Filed: January 26, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: March 12, 2026
Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 26, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Orestes Cruz, Todd Lyons, Kristi Noem, Minga Wofford by Edwin Richar Jaque Bermudez. (Filing fee $ 5, receipt number ACAEDC-12809391) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibits in Support of Habeas)(Rios, George) (Entered: 01/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 01/27/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Jan 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Pamela Bondi,Jonathan Yu, GOVT for Orestes Cruz,Jonathan Yu, GOVT for Todd Lyons,Jonathan Yu, GOVT for Kristi Noem,Jonathan Yu, GOVT for Minga Wofford (Yu, Jonathan) (Entered: 01/27/2026)
Main Document: DESIGNATION
#4
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. (Yu, Jonathan) (Entered: 01/27/2026)
Main Document: CONSENT/DECLINE
#5
Jan 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 27, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Petitioner's immediate release. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than January 29, 2026. If Petitioner does not intend to file a TRO, Petitioner shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 01/27/2026)
#6
Jan 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Edwin Richar Jaque Bermudez. (Attachments: # 1 Points and Authorities MPA For TRO, # 2 Affidavit Affidavit of Notice and Irreparable Harm, # 3 Proposed Order Proposed Order for TRO, # 4 Exhibit TRO Check List)(Rios, George) (Entered: 01/27/2026)
Main Document: Temporary Restraining Order
Jan 27, 2026
Minute Order
#7
Jan 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 28, 2026: ORDER FOR IMMEDIATE RELEASE FROM DETENTION FACILITY: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 6 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claim that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by February 3, 2026. Petitioner may file a reply by February 6, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) Modified on 1/28/2026 (MDK). (Entered: 01/28/2026)
#8
Jan 28, 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. (Rios, George) (Entered: 01/28/2026)
Main Document: CONSENT/DECLINE
#9
Jan 28, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#10
Jan 28, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
Jan 28, 2026
Minute Order AND Order on Motion for TRO
#11
Feb 03, 2026
RESPONSE to ORDER TO SHOW CAUSE, ECF No. 7, by Respondents and ANSWER to the 1 Petition for Writ of Habeas Corpus. (Yu, Jonathan) Modified on 2/4/2026 (KLY). (Entered: 02/03/2026)
Main Document: RESPONSE
#12
Feb 03, 2026
Notice of Related Case
Main Document: Notice of Related Case
#13
Feb 06, 2026
REPLY by Edwin Richar Jaque Bermudez re 11 Reply. (Rios, George) (Entered: 02/06/2026)
Main Document: REPLY
#14
Mar 11, 2026
Order
Main Document: Order
#15
Mar 12, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#16
Mar 12, 2026
Judgment
Main Document: Judgment

Parties

Cruz
Party
(HC) Jaque Bermudez
Party