Eastern District of California • 1:26-cv-00852

#1

Feb 02, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Alberto Arce. (Filing fee $ 5, receipt number ACAEDC-12840974) (Attachments: # 1 Civil Cover Sheet)(Sandler, Tucker) (Entered: 02/02/2026)

#2

Feb 02, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 02/02/2026)

#3

Feb 02, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Pam Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Executive Office for Immigration Review,Anthony Andrews for David Marin,Anthony Andrews for Kristi Noem,Anthony Andrews for U.S. Department of Homeland Security (Andrews, Anthony) (Entered: 02/02/2026)

#4

Feb 02, 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: 02/02/2026)

#5

Feb 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 2, 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 February 4, 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: 02/02/2026)

Feb 02, 2026

Minute Order

#6

Feb 10, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 02/10/2026. Respondent is directed to file an answer/return within 14 days from the date of this order. Respondent shall include with the answer/return any and all transcripts or other documents relevant to the determination of the issues presented in the application. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, respondent shall not transfer petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. (Text Only Entry). (Deputy Clerk JAA) (Entered: 02/10/2026)

Feb 10, 2026

Minute Order

#8

Feb 23, 2026

RESPONSE by Pam Bondi, Christopher Chestnut, Executive Office for Immigration Review, David Marin, Kristi Noem, U.S. Department of Homeland Security to 1 Petition for Writ of Habeas Corpus, 6 Minute Order,,,,,. (Andrews, Anthony) (Entered: 02/23/2026)

#9

Feb 23, 2026

Temporary Restraining Order

#10

Feb 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 24, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 9 .) 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 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., Navjot S. v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00311-TLN-CSK, 2026 WL 370140, at *2-4 (E.D. Cal. Feb. 10, 2026). 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. The bond requirement of Fed. R. Civ. P. 65(c) is waived. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/24/2026)

Feb 24, 2026

Minute Order AND Order on Motion for TRO