Active
Case Information
Filed: February 05, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
February 06, 2026
Parties:
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Docket Entries
#1
Feb 05, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Luis E. Alvarez Cano. (Filing fee $ 5, receipt number ACAEDC-12865532) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Barhoum, Ann) (Entered: 02/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 05, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Luis E Alvarez Cano. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Exhibit)(Barhoum, Ann) (Entered: 02/05/2026)
Main Document:
Temporary Restraining Order
#3
Feb 05, 2026
Prisoner New Case Documents for DJ Presider
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Feb 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Sergio Albarran,Cody S. Chapple for Pamela Jo Bondi,Cody S. Chapple for Todd M. Lyons,Cody S. Chapple for Kristi Noem,Cody S. Chapple for Minga Wofford (Chapple, Cody) (Entered: 02/05/2026)
Main Document:
DESIGNATION
#5
Feb 05, 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: 02/05/2026)
Main Document:
CONSENT/DECLINE
#6
Feb 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 6, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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 claims that Respondents violated the Immigration and Nationality Act and 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., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED TO IMMEDIATELY RELEASE FROM DETENTION FACILITY 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. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by February 13, 2026. Petitioner may file a reply by February 18, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Finally, the Court directs the Clerk of the Court to update the docket to omit Petitioner's full name, using only first name and last initials, to protect sensitive personal information. IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/06/2026)
Feb 06, 2026
Minute Order AND Order on Motion for TRO
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