Eastern District of California • 1:25-cv-01187

#1

Sep 11, 2025

PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Nancy Gonzalez, Kristi Noem, Minga Wofford by Mirian E Menjivar Sanchez. Attorney Coshnear, Richard Lawrence added. (Attachments: # 1 Declaration Dec of Counsel, # 2 Exhibit Exh. B- Bond Order, # 3 Exhibit Exh, C- EOIR-43 Stay, # 4 Exhibit Exh. D- DHS Appeal of Bond, # 5 Exhibit Exh. E- Parole Request, # 6 Exhibit Exh.F- Petitioner's MD leter, # 7 Exhibit Exh.G- IJ Order to Reopen, # 8 Exhibit Exh.H- DHS Bond evidence, # 9 Exhibit Exh.I- Sampiao Order, # 10 Exhibit Exh.J- Leal-Hernandez Order, # 11 Exhibit Exh.J- Mayo Anicaso Order)(Coshnear, Richard) (Entered: 09/11/2025)

#2

Sep 11, 2025

CIVIL COVER SHEET filed by Mirian E. Menjivar Sanchez. (Coshnear, Richard) (Entered: 09/11/2025)

#3

Sep 12, 2025

CLERK'S NOTICE to Richard Lawrence Coshnear: Please pay the filing fee of $5.00, which is the required fee for a Petition for Writ of Habeas Corpus. The Civil Complaint filing fee that was paid in this case will be refunded to you upon submission of the correct amount. Additionally, please re-file your Civil Cover Sheet, as the document attached is blank. (Deputy Clerk AML) (Entered: 09/12/2025)

#4

Sep 12, 2025

CIVIL COVER SHEET filed by Mirian E. Menjivar Sanchez. (Coshnear, Richard) (Entered: 09/12/2025)

#5

Sep 12, 2025

CLERK'S NOTICE to Richard Lawrence Coshnear re 4 Civil Cover Sheet: The document attached is blank/incomplete. Please file a completed Civil Cover Sheet. (Deputy Clerk AML) (Entered: 09/12/2025)

#6

Sep 12, 2025

CIVIL COVER SHEET filed by Mirian E. Menjivar Sanchez. (Coshnear, Richard) (Entered: 09/12/2025)

#7

Sep 12, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 10/17/2025. (Attachments: # 1 Litigant Letter) (Deputy Clerk CM) (Entered: 09/12/2025)

Sep 12, 2025

RECEIPT number ACAEDC-12458887 for $405.00 for Mirian E. Menjivar Sanchez from Richard Lawrence Coshnear. (Deputy Clerk AML)

Sep 12, 2025

PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-12460423. (Coshnear, Richard)

#8

Sep 13, 2025

CERTIFICATE / PROOF of SERVICE by Mirian E. Menjivar Sanchez. (Coshnear, Richard) (Entered: 09/13/2025)

#9

Sep 16, 2025

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. (Coshnear, Richard) (Entered: 09/16/2025)

#10

Sep 16, 2025

06 - HC/Order Requiring Respondent to File a Response

#11

Sep 16, 2025

DOCUMENT(S) SERVED ELECTRONICALLY: 1 Petition for Writ of Habeas Corpus served on United States Attorney. (Deputy Clerk EF) (Entered: 09/16/2025)

#12

Sep 23, 2025

Temporary Restraining Order

#13

Sep 23, 2025

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Sheila K. Oberto. The new case number is: 1:25-cv-01187-JLT-SKO. (Deputy Clerk CRM) (Entered: 09/23/2025)

#14

Sep 23, 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. (Doc. 12 .) On this record, it appears that Petitioner may be able to succeed on the argument that her detention violates due process for the reasons set forth in the district court cases that have addressed similar matters since the issuance of Matter Yajure Hurtado, 29 I&N Dec. 216, 220 (BIA 2025). See, e.g., Lopez-Arevelo v. Ripa, No. EP-25-CV-337-KC, ___ F. Supp. 3d ____, 2025 WL 2691828, at *7 (W.D. Tex. Sept. 22, 2025); Singh v. Lewis, No. 4:25-CV-96-RGJ, 2025 WL 2699219 (W.D. Ky. Sept. 22, 2025); Chafla v. Scott, No. 2:25-CV-00437-SDN, 2025 WL 2688541, at *7 (D. Me. Sept. 21, 2025); Pico v. Albarran, No. 25-CV-8002 JST (JSC), 2025 WL 2689860, at *3 (N.D. Cal. Sept. 19, 2025); Barrera, v. Tindall, 3:25-CV-541-RGJ, 2025 WL 2690565, (W.D. Ky. Sept. 19, 2025); Vazquez v. Feeley, No. 2:25-CV-01542-RFB-EJY, 2025 WL 2676082 (D. Nev. Sept. 17, 2025). However, the Court, which is among the busiest in the nation, cannot absorb the 12-day delay between the filing of the Petition and the request for a temporary restraining order, so will set a briefing schedule on the matter that permits Respondent to be heard and affords the Court sufficient time to consider these complex matters. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than noon on October 8, 2025 why the Court should not grant Petitioner's motion for injunctive relief. Petitioner may file a reply no later than noon on October 15, 2025. The Parties are further ordered to appear for a hearing on the motion before the undersigned at 9am on October 23, 2025 via Zoom videoconference (details to be provided to the parties prior to the hearing). Alternatively, the Court would be amenable to ruling on the papers if the parties indicate that they are willing to waive 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 the 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 tomorrow, September 24, 2025, to the extent not already accomplished, Petitioner's 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 23, 2025. (Deputy Clerk IM) (Entered: 09/23/2025)

Sep 23, 2025

Minute Order AND ~Util - Set/Reset Motion Hearing

#15

Sep 24, 2025

Certificate / Proof of Service

#16

Sep 25, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney David L Gappa, GOVT for Pamela Bondi,David L Gappa, GOVT for Nancy Gonzalez,David L Gappa, GOVT for Kristi Noem,David L Gappa, GOVT for Minga Wofford (Gappa, David) (Entered: 09/25/2025)

#17

Sep 25, 2025

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. (Gappa, David) (Entered: 09/25/2025)

#18

Sep 26, 2025

Consent Order Reassigning Case to Magistrate Judge

#19

Sep 26, 2025

MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/26/2025: (Text Only Entry). In light of the reassignment of this matter to the undersigned, the parties are advised that the briefing schedule set forth in the Minute Order dated September 23, 2025, (Doc. 14 ), remains as set. Details for the Zoom videoconference at 9 a.m. on October 23, 2025, before the undersigned will be provided to the parties prior to the hearing. Alternatively, the Court is amenable to ruling on the pleadings if the parties waive a hearing. Additionally, the order of September 16, 2025, directing Respondents to file a response to the petition, (Doc. 10 ), is hereby VACATED. (Deputy Clerk WAK) (Entered: 09/26/2025)

Sep 26, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Reset Motion Hearing

#20

Oct 08, 2025

Opposition to Motion

#21

Oct 10, 2025

REPLY by Mirian E. Menjivar Sanchez re 20 Opposition to Motion, 12 Temporary Restraining Order. (Attachments: # 1 Exhibit slip opinion cited)(Coshnear, Richard) (Entered: 10/10/2025)

#22

Oct 10, 2025

MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/10/2025: (Text Only Entry). The Court is in receipt of Respondent's Opposition to Petitioner's Motion for Temporary Restraining Order (Doc. 20 ) and Petitioner's Reply to Respondent's Response (Doc. 21 ). Both parties have indicated they are amenable to waiving a hearing on the matter and proceeding on the papers. Accordingly, the hearing set for October 23, 2025, is VACATED. Written order to follow. (Deputy Clerk WAK) (Entered: 10/10/2025)

Oct 10, 2025

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

#23

Oct 17, 2025

Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

#24

Oct 24, 2025

Request

#25

Oct 27, 2025

MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/27/2025: (Text Only Entry) The Court has reviewed Petitioner's Request to Submit Additional Briefing and Supplemental Brief (Doc. 24 .) Petitioner's request is GRANTED. Respondent is DIRECTED to file a responding brief on or before November 3, 2025. (Deputy Clerk WAK) (Entered: 10/27/2025)

Oct 27, 2025

Minute Order AND Order on Request

#26

Nov 05, 2025

MEMORANDUM by Pamela Bondi, Nancy Gonzalez, Kristi Noem, Minga Wofford in in Opposition to Requested Additional Relief. (Gappa, David) (Entered: 11/05/2025)

#27

Nov 05, 2025

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#28

Nov 08, 2025

RESPONSE by Mirian E. Menjivar Sanchez to 27 Order, Set/Reset Deadlines and Hearings. (Coshnear, Richard) (Entered: 11/08/2025)

#29

Dec 08, 2025

Order Dismissing Case

#30

Dec 08, 2025

Judgment