Eastern District of California • 1:26-cv-00716
(HC) Banos-Jiron v. Lyons
Completed
Case Information
Filed: January 27, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 02, 2026
Last Activity:
June 02, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 27, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, Minga Wofford by Gerardo Alonso Banos Jiron. (Filing fee $ 5, receipt number ACAEDC-12818841) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 01/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gerardo Alonso Banos Jiron. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 01/27/2026)
Main Document:
Temporary Restraining Order
#3
Jan 27, 2026
ORDER RE CONSENT ISSUED. Consent or Decline due by 3/2/2026. (Deputy Clerk CM) (Entered: 01/27/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Jan 27, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 1/27/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by claims two and seven of the 1 petition. See e.g., J.L.R.P. v. Wofford, No. 1:25-CV-01464-KES-SKO (HC), 2025 WL 3190589 (E.D. Cal. Nov. 14, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before January 30, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior decision in J.L.R.P. v. Wofford and justify denying the petition, or indicate the matter is not substantively distinguishable. By 12 p.m. on January 28, 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: 01/27/2026)
Jan 27, 2026
Minute Order
#5
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Sergio Albarran,Brittany Gunter for Pamela Bondi,Brittany Gunter for Todd M. Lyons,Brittany Gunter for Kristi Noem,Brittany Gunter for U.S. Department of Homeland Security,Brittany Gunter for Minga Wofford (Gunter, Brittany) (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. (Gunter, Brittany) (Entered: 01/28/2026)
Main Document:
CONSENT/DECLINE
#7
Jan 28, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#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. (Chan, Connie) (Entered: 01/28/2026)
Main Document:
CONSENT/DECLINE
#9
Jan 30, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#10
Feb 06, 2026
RESPONSE by Gerardo Alonso Banos-Jiron to 9 Opposition to Motion,. (Chan, Connie) (Entered: 02/06/2026)
Main Document:
RESPONSE
#11
Mar 20, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/20/2026: By March 27, 2026, the parties shall file supplemental briefing addressing whether 8 C.F.R. § 241.13(i)(1) authorizes detention for a period of more than six months. See 8 C.F.R. § 241.13(i)(1) ("Any alien who has been released under an order of supervision... [w]ho violates any of the conditions of release may be returned to custody... [and] may be continued in detention for an additional six months in order to effect the alien's removal, if possible, and to effect the conditions under which the alien had been released." (emphasis added)). (Entered: 03/20/2026)
Mar 20, 2026
Minute Order
#12
Mar 27, 2026
SUPPLEMENT by Gerardo Alonso Banos-Jiron re 11 Minute Order,,. (Chan, Connie) (Entered: 03/27/2026)
Main Document:
SUPPLEMENT
#13
Mar 27, 2026
SUPPLEMENT by Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, Minga Wofford. (Gunter, Brittany) (Entered: 03/27/2026)
Main Document:
SUPPLEMENT
#15
Apr 14, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#16
Apr 27, 2026
STATEMENT of INTENT TO FILE NO FURTHER BRIEFING filed by Respondents Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security, Minga Wofford. (Gunter, Brittany) (Entered: 04/27/2026)
Main Document:
STATEMENT
#17
May 01, 2026
FINDINGS and RECOMMENDATIONS to Grant Petition for Writ of Habeas Corpus, signed by Magistrate Judge Christopher D. Baker on 05/01/2026. Referred to Judge Sherriff. Objections to F&R due within Seven-Days. (Deputy Clerk CM) (Entered: 05/01/2026)
#18
May 08, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#19
May 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Sergio Albarran,Shelley D. Weger, GOVT for Pamela Bondi,Shelley D. Weger, GOVT for Todd M. Lyons,Shelley D. Weger, GOVT for Kristi Noem,Shelley D. Weger, GOVT for U.S. Department of Homeland Security,Shelley D. Weger, GOVT for Minga Wofford, attorney Brittany Gunter terminated (Hemesath, Audrey) (Entered: 05/27/2026)
Main Document:
DESIGNATION
#20
Jun 02, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#21
Jun 02, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Banos-Jiron
Party
Lyons
Party