Eastern District of California • 1:26-cv-00714
(HC) Flores Sandino v. Warden
Active
Case Information
Filed: January 27, 2026
Assigned to:
Dena M. Coggins
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 09, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 27, 2026
PETITION for WRIT of HABEAS CORPUS against Mesa Verde Warden by Fabian Sandino. (Filing fee $ 5, receipt number ACAEDC-12818173) (Ramos, Julio) (Entered: 01/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
CIVIL COVER SHEET filed by Fabian Sandino. (Ramos, Julio) (Entered: 01/27/2026)
Main Document:
CIVIL
#3
Jan 27, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#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. (Ramos, Julio) (Entered: 01/27/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shea Jon Kenny, GOVT for Pamela Bondi,Shea Jon Kenny, GOVT for Polly Kaiser,Shea Jon Kenny, GOVT for Todd M. Lyons,Shea Jon Kenny, GOVT for Kristi Noem,Shea Jon Kenny, GOVT for Warden Mesa Verde Ice Processing Center (Kenny, Shea) (Entered: 01/28/2026)
Main Document:
DESIGNATION
#6
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
#7
Jan 28, 2026
Ex Parte Application
Main Document:
Ex Parte Application
#8
Jan 29, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 1/29/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 7 Motion for Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the Motion for Temporary Restraining Order by 12:00 PM on 2/2/2026. In their response, Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), D.L.C. v. Wofford, et al., 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026), and other similar cases previously decided by this court, or indicate that the matter is not substantively distinguishable. Petitioner may file a Reply on or before 2/3/2026. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 1/29/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 01/29/2026)
Jan 29, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#9
Feb 02, 2026
RESPONSE by Pamela Bondi, Polly Kaiser, Todd M. Lyons, Kristi Noem, Warden Mesa Verde Ice Processing Center to 7 Motion for Temporary Restraining Order. (Kenny, Shea) (Entered: 02/02/2026)
Main Document:
RESPONSE
#10
Feb 02, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/2/2026: In Respondents' 9 Opposition to Petitioner's 7 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to detention under 8 U.S.C. § 1225(b). However, Respondents acknowledge the decisions from this court in Selis Tinoco v. Noem, et al., 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025) and D.L.C. v. Wofford, et al., 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026), and Respondents do not identify any provision of law or fact in this case that would substantively distinguish it from this court's decisions in those cases. Accordingly, pursuant to the court's reasoning in D.L.C., Petitioner's 7 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody with the same conditions he was subject to immediately prior to his re-detention; (2) Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; and (3) If the Government seeks to re-detain Petitioner, it must provide no less than seven (7) days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (See Doc. No. 9 at 1), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 02/02/2026)
Feb 02, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
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