Eastern District of California • 1:26-cv-00694
(HC) Portillo Rodriguez v. Warden, Golden State Annex Detention Facility
Active
Case Information
Filed: January 26, 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:
August 28, 2026
Parties:
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Docket Entries
#1
Jan 26, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Ezequiel Portillo Rodriguez. (Deputy Clerk AJB) (Entered: 01/27/2026)
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 AJB) (Entered: 01/27/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 27, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Ezequiel Portillo Rodriguez. (Deputy Clerk AJB)
Jan 27, 2026
Service by Mail
Jan 27, 2026
Service by Mail AND Service by Mail
#3
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shea Jon Kenny, GOVT for Warden, Golden State Annex Detention Facility (Kenny, Shea) (Entered: 01/28/2026)
Main Document:
DESIGNATION
#4
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. (Kenny, Shea) (Entered: 01/28/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 29, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/29/2026 DIRECTING The Clerk of the Court to send petitioner a copy of the in forma pauperis form (regular short form) used by this district. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. (Deputy Clerk LMS) (Entered: 01/29/2026)
#6
Jan 29, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/29/2026: A review of the 1 petition for writ of habeas corpus in this action reveals that petitioner appears to request emergency relief. To the extent that petitioner seeks emergency relief, petitioner is DIRECTED to file a motion for temporary restraining order. (Deputy Clerk PAB) (Entered: 01/29/2026)
Jan 29, 2026
SERVICE BY MAIL: 5 Order, served on Ezequiel Portillo Rodriguez, together with a new IFP form. (Deputy Clerk LMS)
Jan 29, 2026
SERVICE BY MAIL: 6 Minute Order, served on Ezequiel Portillo Rodriguez. (Deputy Clerk PAB)
Jan 29, 2026
Minute Order
Jan 29, 2026
Service by Mail
#7
Feb 06, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/6/2026 ORDERING the Respondent to file a response within 20 days. Respondent shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application. Petitioner's optional reply, if any, is due on or before 14 days from the date respondent's response is filed. (Deputy Clerk RRB) (Entered: 02/06/2026)
#8
Feb 06, 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. (Deputy Clerk KEZ) (Entered: 02/09/2026)
Main Document:
CONSENT/DECLINE
Feb 06, 2026
SERVICE BY MAIL: 7 Order, served on Ezequiel Portillo Rodriguez. (Deputy Clerk RRB)
Feb 06, 2026
Service by Mail
#9
Feb 09, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Ezequiel Portillo Rodriguez. (Deputy Clerk KEZ) (Entered: 02/11/2026)
Main Document:
In Forma Pauperis
#10
Feb 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/17/2026: Petitioner proceeds under 28 U.S.C. § 2241 and requests appointment of counsel due to financial hardship (ECF No. 9 ) which is GRANTED. See 28 U.S.C. § 1915(a); 18 U.S.C. § 3006A(a)(2)(B). Within 7 (seven) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.uscourts.gov. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Minute Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 17, 2026
Service by Mail
Feb 17, 2026
SERVICE BY MAIL: 10 Minute Order served on Ezequiel Portillo Rodriguez. (Deputy Clerk LMK)
#12
Feb 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/23/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 10 . Attorney Deborah Czuba is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Assistant Federal Defender, Deborah Czuba, 702 W. Idaho Street, Suite 1000, Boise, ID 83702, 208-331-5500, deobrah_a_czuba@fd.org, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 02/23/2026)
Feb 23, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#13
Feb 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/27/2026: Petitioner filed a 1 Pro Se Petition seeking relief under 28 U.S.C. § 2241 and the Court appointed counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B). Respondents were previously ordered to file a response to the Pro Se Petition and to provide documents relevant to determination of the Petition's issues. (See ECF No. 7 ). The time for Respondents to do so has expired. The Court has reviewed the Pro Se Petition and finds its allegations fall short of demonstrating Petitioner is in custody in violation of the laws of the United States. Good cause appearing, Petitioner is GRANTED 14 (fourteen) days within which to file any Application for Temporary Restraining Order, Motion for Preliminary Injunctive Relief, Amended Petition for Writ of Habeas corpus and/or request for a different briefing schedule. (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/27/2026)
Feb 27, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#14
Mar 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Veronica M.A. Alegria, GOVT for Warden, Golden State Annex Detention Facility, attorney Shea Jon Kenny, GOVT terminated (Alegria, Veronica) (Entered: 03/06/2026)
Main Document:
DESIGNATION
#15
Mar 12, 2026
MOTION for Limited Discovery and to Stay Briefing Schedule by Ezequiel Portillo Rodriguez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Czuba, Deborah) Modified on 3/13/2026 (KLY). (Entered: 03/12/2026)
Main Document:
Discovery
#16
Mar 12, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ezequiel Portillo Rodriguez. (Attachments: # 1 Exhibit 1 - Declaration, # 2 TRO Checklist, # 3 Proposed Order TRO, # 4 Proposed Order Preliminary Injuction)(Czuba, Deborah) (Entered: 03/12/2026)
Main Document:
Temporary Restraining Order
#17
Mar 13, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 3/13/2026: (Text Only Entry). Pending the issuance of the court's order resolving the pending 16 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 court's 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 16 motion for temporary restraining order. Respondents shall file a written opposition to the pending 16 motion for temporary restraining order by 5:00 PM on Monday, 3/16/2026. Respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into 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 CGH) (Entered: 03/13/2026)
Mar 13, 2026
Minute Order
#18
Mar 16, 2026
OPPOSITION to 16 Motion for Temporary Restraining Order or Preliminary Injunction by Warden, Golden State Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Alegria, Veronica) Modified on 3/18/2026 (KS). (Entered: 03/16/2026)
Main Document:
OPPOSITION
#19
Mar 17, 2026
REPLY to 18 Opposition to Motion for Temporary Restraining Order or Preliminary Injunction by Ezequiel Portillo Rodrigue. (Czuba, Deborah) Modified on 3/20/2026 (KS). (Entered: 03/17/2026)
Main Document:
Reply to Response to Motion
#20
Mar 18, 2026
ORDER signed by District Judge Dale A. Drozd on 3/18/2026 ORDERING that Petitioner's motion for temporary restraining order 16 is CONVERTED into a motion for a preliminary injunction and is GRANTED as follows: Respondent is ORDERED to immediately release petitioner from respondent's custody subject to reasonable terms of supervision as set forth in 8 U.S.C. § 1231(a)(3), 8 C.F.R. § 241.13(h); Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration 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; and, This matter is referred back to the assigned magistrate judge for further proceedings. (Deputy Clerk LMS) (Entered: 03/18/2026)
#21
Mar 24, 2026
OPPOSITION to 15 Motion for Discovery by Warden, Golden State Annex Detention Facility. (Alegria, Veronica) (Entered: 03/24/2026)
Main Document:
Opposition to Motion
#22
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/6/2026: Petitioner is proceeding with a 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging arrest and detention by ICE. The district court previously ordered Petitioner's release by way of preliminary injunction and that rearrest not occur absent certain protections. Pursuant to 28 U.S.C. § 2243, Respondents may file an answer to the Petition within 14 (fourteen) days of the date of this order. The Court will consider any arguments made and exhibits submitted in opposition to preliminary injunctive relief when ruling on the merits of the Petition. If Respondents file an Answer, Petitioner may file a traverse within 14 (fourteen) days. (Text Only Entry) (Deputy Clerk LMK) (Entered: 04/06/2026)
Apr 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#23
Apr 20, 2026
RESPONSE by Warden, Golden State Annex Detention Facility to 1 Petition for Writ of Habeas Corpus. (Alegria, Veronica) (Entered: 04/20/2026)
Main Document:
RESPONSE
#24
May 01, 2026
TRAVERSE/REPLY by Ezequiel Portillo Rodriguez. (Attachments: # 1 Exhibit 1) (Czuba, Deborah) Modified on 5/7/2026 (KS). (Entered: 05/01/2026)
Main Document:
TRAVERSE/REPLY
#25
Aug 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/24/2026: The EOIR Automated Case Information portal (https://acis.eoir.justice.gov/en/caseInformation) indicates that Petitioner has a final order of removal and the ICE Online Detainee Locator System (https://locator.ice.gov/odls/#/search) is unable to locate Petitioner. IT IS HEREBY ORDERED that Respondent, within three (3) days, clarify whether Petitioner has been removed from the United States, has been released, or remains in ICE custody. Petitioner A No. 209 343 448. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/24/2026)
#26
Aug 24, 2026
STATUS REPORT by Warden, Golden State Annex Detention Facility. (Alegria, Veronica) (Entered: 08/24/2026)
Main Document:
STATUS
Aug 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#27
Aug 28, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/28/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and that the preliminary relief become permanent. It is FURTHER RECOMMENDED the respondent be enjoined and restrained from re-detaining Petitioner without providing Petitioner notice and a pre-detention hearing before an immigration judge who must determine whether revocation of release is warranted per 8 C.F.R. § 241.13(i) and directing the court to enter judgment and close the case. Referred to Judge Dale A. Drozd. Objections to these Findings and Recommendations due within 14 days. (Deputy Clerk AMW) (Entered: 08/28/2026)
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