Eastern District of California • 1:26-cv-00879

#1

Feb 02, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pamela Bondi, Todd M. Lyons, Kristi Noem, U.S. Department of Homeland Security by Mario Nava-Gonzalez. (Filing fee $ 5, receipt number ACAEDC-12844038) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 02/02/2026)

#2

Feb 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Mario Nava-Gonzalez. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Declaration, # 4 Proposed Order)(Chan, Connie) (Entered: 02/02/2026)

#3

Feb 02, 2026

Prisoner New Case Documents for Magistrate Judge as Presider

#4

Feb 02, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Sergio Albarran,Calvin Lee, GOVT for Tonya Andrews,Calvin Lee, GOVT for Pamela Bondi,Calvin Lee, GOVT for Todd M. Lyons,Calvin Lee, GOVT for Kristi Noem,Calvin Lee, GOVT for U.S. Department of Homeland Security (Lee, Calvin) (Entered: 02/02/2026)

#5

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)

#6

Feb 02, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 2/2/2026: 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 Count Two of the Petition. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). The court intends to rule directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 2/4/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior Orders listed above. Petitioner may file a Reply by 2/5/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. 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 12:00 PM on 2/3/2026. 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: 02/02/2026)

Feb 02, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#7

Feb 03, 2026

Certificate / Proof of Service

#8

Feb 04, 2026

Opposition to Motion

#9

Feb 04, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 2/4/2026: In Respondents' 8 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents continue to oppose issuance of a temporary restraining order. However, Respondents acknowledge the decisions from this court in Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025), and acknowledge that this case is not substantively distinguishable from those cases. Accordingly, pursuant to the court's reasoning in Hoac, Vuong, and El-Ghazaly, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; and (2) Respondents are enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 C.F.R. § 241.13(i). 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. 8 at 2), 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 RAA) (Entered: 02/04/2026)

Feb 04, 2026

Minute Order AND Order on Motion for TRO AND Preliminary Injunction