Eastern District of California • 1:26-cv-01043

#1

Feb 06, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Benjamin GONZALEZ RIVAS. (Filing fee $ 5, receipt number ACAEDC-12869290) (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Bond Order, # 3 Exhibit Respondents Bond Appeal, # 4 Exhibit Form I-213, # 5 Proposed Order)(Howard, Kyle) (Entered: 02/06/2026)

#2

Feb 06, 2026

CIVIL COVER SHEET filed by Benjamin GONZALEZ RIVAS. (Howard, Kyle) (Entered: 02/06/2026)

#3

Feb 06, 2026

***DISREGARDED PER 4 CLERK'S NOTICE*** MOTION for TEMPORARY RESTRAINING ORDER by Benjamin GONZALEZ RIVAS. (Attachments: # 1 Memorandum Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Howard, Kyle) (Entered: 02/06/2026)

#4

Feb 06, 2026

CLERK'S NOTICE to Atorney Kyle J. Howard re 3 MOTION for TEMPORARY RESTRAINING ORDER: The Petitioner's name listed in the TRO motion does not match the Petitioner named in this case. Please re-file your motion with the correct document attached. (Deputy Clerk SSA) (Entered: 02/06/2026)

#5

Feb 06, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/12/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 02/06/2026)

#6

Feb 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Sergio Albarran,Camilo Rodriguez, GOVT for Pamela Bondi,Camilo Rodriguez, GOVT for Todd M. Lyons,Camilo Rodriguez, GOVT for Kristi Noem,Camilo Rodriguez, GOVT for Warden of the Golden State Annex Facility (Rodriguez, Camilo) (Entered: 02/06/2026)

#7

Feb 06, 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: 02/06/2026)

#8

Feb 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Benjamin Gonzalez Rivas. (Attachments: # 1 Memorandum Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Howard, Kyle) (Entered: 02/06/2026)

#9

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. 8 .) 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. An immigration judge has already ordered Petitioner to be released on bond. Therefore, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the terms of the immigration judge's order of January 7, 2026. 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 a preliminary injunction should not issue. Respondents shall file responsive papers by February 13, 2026. Petitioner may file a reply by February 18, 2026. The parties shall indicate in their briefing whether they waive a hearing. Fed. R. Civ. P. 65(b)(3). 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. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/06/2026)

Feb 06, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion for TRO