Eastern District of California • 1:25-cv-01131

#1

Sep 05, 2025

PETITION for WRIT of HABEAS CORPUS against All Defendants by Martin Paul Prior. (Filing fee $ 5, receipt number ACAEDC-12446239) (Attachments: # 1 Civil Cover Sheet, # 2 Points and Authorities, # 3 Exhibit (Byrne, James) (Entered: 09/05/2025)

#2

Sep 05, 2025

ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Deputy Clerk OFR) (Entered: 09/05/2025)

#3

Sep 05, 2025

MOTION for TEMPORARY RESTRAINING ORDER by Martin Paul Prior. (Attachments: # 1 Declaration, # 2 Proposed Temporary Restraining Order, # 3 Declaration Irreparable Harm, # 4 TRO Checklist)(Byrne, James) (Entered: 09/05/2025)

#4

Sep 05, 2025

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY): This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. The new case number is: 1:25-cv-01131-JLT-EPG (HC). (Deputy Clerk AML) (Entered: 09/05/2025)

#5

Sep 05, 2025

Miscellaneous Relief

#6

Sep 08, 2025

MINUTE ORDER (Text Only Entry) The Court has reviewed the papers filed thus far in this matter, including the motion for a temporary restraining order. On this record, given developments since Petitioner's detention in February 2025, including the determination by an Immigration Judge that Petitioner is entitled to cancellation of removal, the judicially noticeable fact that Respondents appear to have missed the deadline to file a brief related to the appeal of the IJ's determination (see https://acis.eoir.justice.gov/en/caseInformation), and the vacatur of Petitioner's state convictions, the Court preliminarily believes Petitioner may be entitled to an immediate Joseph hearing, see Demore v. Kim, 538 U.S. 510, 514 n.3 (2003), and that he may already have requested one. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than noon on September 10, 2025 why the Court should not grant Petitioners' motion for a temporary restraining order by ordering such a hearing be promptly conducted. Petitioners may file a reply no later than noon on September 12, 2025. Depending on the responses provided, the Court will determine the need for and timing of a hearing. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor 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"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief. No later than today, September 8, 2025, Petitioners' counsel is directed: (1) to serve respondents with a copy of the petition, the motion for temporary restraining order, and accompanying papers, along with 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 and by overnight mail; and (2) promptly file proof of such service on the docket. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on September 8, 2025. (Deputy Clerk IM) (Entered: 09/08/2025)

Sep 08, 2025

Minute Order

#7

Sep 09, 2025

Certificate / Proof of Service

#9

Sep 10, 2025

Opposition to Motion

#11

Sep 12, 2025

Reply to Response to Motion

#12

Sep 18, 2025

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO