Eastern District of California • 1:26-cv-00898

#1

Feb 02, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden by Satwinder Singh. (Filing fee $ 5, receipt number ACAEDC-12844344) (Attachments: # 1 Civil Cover Sheet Coversheet, # 2 Proposed Order Proposed Order for Habeas, # 3 Exhibit ICE and ID documents)(Gahra, Manpreet) (Entered: 02/02/2026)

#2

Feb 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Satwinder Singh. (Attachments: # 1 Proposed Order Proposed Order, # 2 Memorandum Memo)(Gahra, Manpreet) (Entered: 02/02/2026)

#3

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 AML) (Entered: 02/02/2026)

#4

Feb 02, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joshua Banister, GOVT for Sergio Albarran,Joshua Banister, GOVT for Pamela Bondi,Joshua Banister, GOVT for Todd M. Lyons,Joshua Banister, GOVT for Kristi Noem,Joshua Banister, GOVT for Warden, Mesa Verde Detention Facility (Banister, Joshua) (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 (Text Only Entry) signed by District Judge Dale A. Drozd on 2/2/2026: 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, 2/3/2026, 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 Wednesday, 2/4/2026, at 5 PM. 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 Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), 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: 02/02/2026)

Feb 02, 2026

Minute Order

#7

Feb 03, 2026

Certificate / Proof of Service

#8

Feb 04, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden, Mesa Verde Detention Facility to 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus, 6 Minute Order,,,,,,,,,. (Banister, Joshua) (Entered: 02/04/2026)

#9

Feb 04, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/4/2027: On 2/2/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On the same day, the court issued an order directing respondents to file an opposition in which they "substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable." (Doc. No. 6 ). In their opposition, respondents do not address the applicability of Perez or O.A.C.S. (Doc. No. 8 ). Instead, respondents argue that petitioner is an "'applicant for admission' who is subject to mandatory detention by ICE under 8 U.S.C. § 1225(b)(2)." (Id. at 1). They further argue that the government's prior decision to release petitioner from immigration detention does not change this fact. (Id. at 2 ). Nonetheless, respondents do not oppose converting the motion for temporary restraining order into a motion for preliminary injunction. (Id.) It is undisputed that petitioner was briefly detained near the border on or about 10/10/2023 then, on 10/21/2023, petitioner was released from immigration detention on his own recognizance pursuant to 8 C.F.R. § 236, codified at 8 U.S.C. § 1226(a). Petitioner was subsequently placed into the Alternatives to Detention program and has no prior criminal history. On 11/15/2026, petitioner was re-detained during his scheduled check-in at an ICE office in Bakersfield, California without any prior notice or explanation. Accordingly, the court adopts the reasoning outlined in the court's prior orders in Perez and O.A.C.S. and CONVERTS petitioner's motion for temporary restraining order into a motion for preliminary injunction and GRANTS it as follows: (1) respondents are ORDERED to immediately release petitioner under the same conditions he was subject to immediately prior to his re-detention on or about 11/15/2025; (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate that petitioner is a danger to the community or flight risk. Petitioner's request for a temporary restraining order enjoining respondents from transferring petitioner outside of the Eastern District of California is denied as having been rendered moot by this order. Petitioner's request for a temporary restraining order requesting the court to enjoin respondents from removing petitioner from the United States during the pendency of these proceedings is denied without prejudice to renewal if the issue becomes ripe. The petition for writ of habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Sean C. Riordan for further proceedings. (Deputy Clerk PAB) (Entered: 02/04/2026)

Feb 04, 2026

Minute Order AND Order on Motion for TRO