Eastern District of California • 1:26-cv-00753

#1

Jan 28, 2026

PETITION for WRIT of HABEAS CORPUS against Respondents by Oliverio Cortes Alonzo. (Filing fee $ 5, receipt number ACAEDC-12825538) (Attachments: # 1 Civil Cover Sheet)(Tolchin, Stacy) (Entered: 01/28/2026)

#2

Jan 28, 2026

Temporary Restraining Order

#3

Jan 29, 2026

Prisoner New Case Documents for Magistrate Judge as Presider

#5

Jan 29, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/29/2026: Pending the issuance of the court's order resolving the pending 2 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 courts 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 2 motion for temporary restraining order. Further, no later than tomorrow, 1/30/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 2/2/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Arshakyam v. Warden of California City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, 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 PAB) (Entered: 01/29/2026)

#6

Jan 29, 2026

CERTIFICATE / PROOF of SERVICE by Oliverio Cortes Alonzo re 5 Minute Order,,,,,,,,. (Tolchin, Stacy) (Entered: 01/29/2026)

#7

Jan 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Pam Bondi,Camilo Rodriguez, GOVT for Christopher Chestnut,Camilo Rodriguez, GOVT for Nancy Gonzalez,Camilo Rodriguez, GOVT for Todd Lyons,Camilo Rodriguez, GOVT for Kristi Noem (Rodriguez, Camilo) (Entered: 01/29/2026)

#8

Jan 29, 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. (Anonymous) (Entered: 01/29/2026)

Jan 29, 2026

Minute Order

#9

Feb 02, 2026

Opposition to Motion

#10

Feb 02, 2026

REPLY by Oliverio Cortes Alonzo re 9 Opposition to Motion. (Tolchin, Stacy) (Entered: 02/02/2026)

#11

Feb 03, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/3/2026: On 1/28/2026, petitioner filed a motion for a temporary restraining order (Doc. No. 2 ). On 1/29/2026, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish this case from the circumstances addressed in this court's recent decision in Arshakyam v. Warden of California City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026), and other similar cases previously decided by this court. (Doc. No. 5.) On 2/2/2026, respondents filed their opposition (Doc. No. 9 ) to petitioner's motion. Respondents concede therein that "there are no factual or legal issues in this case that render it substantively distinct from" Arshakyam. (Doc. No. 9 at 4.) Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id. at 1.) Further, the court is persuaded that the appropriate relief would be immediate release rather than a bond hearing since an immigration judge (IJ) already ordered petitioner released at a bond hearing before a reviewing immigration court decided that the court lacked jurisdiction based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). See Hernandez v. Noem, No. 2:25-cv-02304-RFB-EJY, 2025 WL 3470903, at *11 (D. Nev. Dec. 3, 2025); Miranda, et al. v. Hermosillo>/i>, et al., No. 2:26-cv-00266-TMC, 2026 WL 227667, at *2 (W.D. Wash. Jan. 28, 2026). Accordingly, pursuant to the court's reasoning as stated in Arshakyam, Hernandez, and Miranda, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: Respondents are ORDERED to immediately release petitioner subject to the bond and other conditions imposed by IJ Neumeister on 8/1/2025. (Doc. No. 2-1 at 8-9.) Under the circumstances of this case, petitioner will not be required to post bond with this court pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Jeremy D. Peterson for further proceedings. (Deputy Clerk PAB) (Entered: 02/03/2026)

Feb 03, 2026

Minute Order AND Order on Motion for TRO

#12

Feb 08, 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. (Anonymous) (Entered: 02/08/2026)

#13

Feb 27, 2026

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 15, 2026

Minute Order

#15

Apr 16, 2026

Notice of Voluntary Dismissal

Apr 17, 2026

Minute Order

Apr 27, 2026

Notice of Voluntary Dismissal