Eastern District of California • 1:26-cv-01225

#1

Feb 11, 2026

PETITION for WRIT of HABEAS CORPUS against Respondent by Songying Cao. (Filing fee $ 5, receipt number ACAEDC-12895173) (Zhang, Jj) (Entered: 02/11/2026)

#2

Feb 11, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Songying Cao. (Zhang, Jj) (Entered: 02/11/2026)

#3

Feb 11, 2026

PROPOSED ORDER re TRO by Songying Cao. (Zhang, Jj) (Entered: 02/11/2026)

#4

Feb 12, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/19/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 02/12/2026)

#5

Feb 12, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/12/2026: 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 today, 2/12/2026, 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 tomorrow, 2/13/2026 at 5:00 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 Arshakyam v. Warden of Cal. City Det., No. 1:25-cv-01780-DAD-AC (HC), 2026 WL 143143 (E.D. Cal. Jan. 20, 2026), 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: 02/12/2026)

#6

Feb 12, 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: 02/12/2026)

#7

Feb 12, 2026

CERTIFICATE / PROOF of SERVICE by Songying Cao. (Zhang, Jj) (Entered: 02/12/2026)

Feb 12, 2026

Minute Order

#8

Feb 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Imi Zaidi, GOVT added for All Respondents. (Zaidi, Imi) Modified on 2/17/2026 (KS). (Entered: 02/13/2026)

#9

Feb 13, 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: 02/13/2026)

#10

Feb 13, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/13/2026: In reviewing petitioner's 2 motion for temporary restraining order, the court has found that this motion was unsigned in violation of the Local Rules. For the sake of judicial efficiency, the court AUTHORIZES and DIRECTS petitioner to file a supplemental filing to the motion for temporary restraining order which contains only the original brief in support of that motion and the requisite signature. Any additional materials contained within this supplemental filing, such as additional arguments or exhibits, will not be considered by the court in resolving the pending 2 motion for temporary restraining order. (Deputy Clerk PAB) (Entered: 02/13/2026)

#11

Feb 13, 2026

MOTION to DISMISS by All Respondents. Attorney Hemesath, Audrey Benison added. (Hemesath, Audrey) Modified on 2/17/2026 (KS). (Entered: 02/13/2026)

Feb 13, 2026

Minute Order

#12

Feb 17, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/17/2026: On 2/11/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 ). On 2/13/2026, respondents filed an opposition to that motion in which they argue that petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2). (Doc. No. 11 ) (citing Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330, at *1 (5th Cir. Feb. 6, 2026)). The court has recently explained why it finds the reasoning of the majority in Buenrostro-Mendez to be unpersuasive. Iskandar Wasef v. Chestnut, et al., 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (Feb. 12, 2026). The court incorporates that reasoning here. The court finds persuasive the reasoning outlined in its prior order in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996, at *1-2 (E.D. Cal. Jan. 9, 2026), where the court held that a petitioner who was arrested by immigration authorities after having resided in the United States for several years was entitled to a bond hearing under the decision in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, -- F. Supp. 3d --, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025) and the Due Process Clause. Here, petitioner entered the United States without inspection in 2023, and resided in Los Angeles, California until he was arrested by ICE agents on or about 6/6/2025. He was subsequently transferred to California City Correctional Facility in 8/2025, where he has remained detained to the present time. There is no indication that petitioner has a criminal history that would mandate his detention under § 1226(c), nor is he subject to a final order of removal thereby mandating his detention under § 1231. Accordingly, having considered the conditions of petitioner's detention and the parties' arguments, the court hereby GRANTS petitioner's motion for temporary restraining order as follows: (1) Respondents are ORDERED to provide petitioner with an individualized bond hearing before an immigration judge pursuant to § 1226(a) within fourteen (14) days from the date of entry of this order; (2) Within three days of the bond hearing, respondents shall file a status report in this case confirming that petitioner has been provided the bond hearing; and (3) Petitioner's request for a temporary restraining order ordering respondents to immediately release petitioner from respondents' custody is DENIED without prejudice. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than twenty-one (21) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 02/17/2026)

#13

Feb 17, 2026

Temporary Restraining Order

#14

Feb 17, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) (Entered: 02/17/2026)

Feb 17, 2026

Minute Order AND Order on Motion for TRO

#15

Mar 04, 2026

STATUS REPORT by Christopher Chestnut, Kristi Noem, Ernesto Santacruz. (Attachments: # 1 Exhibit 1)(Zaidi, Imi) Modified on 3/9/2026 (HAH). (Entered: 03/04/2026)

#16

Apr 08, 2026

Enforce Judgment

Apr 09, 2026

Minute Order

#20

Jun 25, 2026

Notice of Voluntary Dismissal