Eastern District of California • 1:26-cv-01321
(HC) Fonseca Echarte v. Noem
Active
Case Information
Filed: February 13, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 13, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Angel Fonseca Echarte. (Filing fee $ 5, receipt number ACAEDC-12908812) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Herndon, Megan) (Entered: 02/13/2026)
Main Document:
PETITION
#2
Feb 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Angel Fonseca Echarte. (Attachments: # 1 Proposed Order, # 2 TRO Checklist)(Herndon, Megan) (Entered: 02/17/2026)
Main Document:
Temporary Restraining Order
#3
Feb 17, 2026
MEMORANDUM by Angel Fonseca Echarte in SUPPORT of 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1, Third Country Screening Interview Confirmation, # 2 Exhibit 2, Declaration of Hayley Hutchins, Respondents immigration counsel., # 3 Exhibit 3, Affidavit of James Justice Haynes, # 4 Exhibit 4, Email to United States Attorneys Office)(Herndon, Megan) (Entered: 02/17/2026)
Main Document:
Memorandum in Support of Motion
#4
Feb 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk PAA) (Entered: 02/17/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Pamela Bondi,Jonathan Williams, GOVT for Orestes Cruz,Jonathan Williams, GOVT for Todd Lyons,Jonathan Williams, GOVT for Kristi Noem,Jonathan Williams, GOVT for Warden Golden State Annex (Williams, Jonathan) (Entered: 02/17/2026)
Main Document:
DESIGNATION
#6
Feb 17, 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: 02/17/2026)
Main Document:
CONSENT/DECLINE
#7
Feb 17, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/17/2026: 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, 2/17/2026, 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 5:00 PM tomorrow, 2/18/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from the decision in A.A.M. v. Andrews, No. 1:25-cv-01514-DC-DMC (HC), 2025 WL 3485219 (E.D. Cal. Dec. 4, 2025), and other similar cases, 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: 02/17/2026)
#8
Feb 17, 2026
CERTIFICATE / PROOF of SERVICE by Angel Fonseca Echarte re 7 Minute Order,,,,,,,,. (Attachments: # 1 Proof of Service)(Herndon, Megan) (Entered: 02/17/2026)
Main Document:
Certificate / Proof of Service
Feb 17, 2026
Minute Order
#9
Feb 18, 2026
RESPONSE by Pamela Bondi, Orestes Cruz, Todd Lyons, Kristi Noem, Warden Golden State Annex to 7 Minute Order,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 1, # 2 Declaration Boyd Declaration)(Williams, Jonathan) (Entered: 02/18/2026)
Main Document:
RESPONSE
#10
Feb 20, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/20/2026: On 2/17/2026, petitioner filed a motion for temporary restraining order alleging that he entered the United States around 1980, he was later detained, ordered removed on 3/16/2010, on 6/21/2010 he was released on an order of supervision because immigration officials were unable to effectuate his removal to Cuba, on 1/14/2026 ICE re-detained petitioner despite no further criminal convictions or changed circumstances, and on 2/16/2026 counsel learned from petitioner's immigration counsel that respondents were attempting to remove petitioner to Mexico and that he was scheduled for a third-country screening interview on 2/17/2026. (Doc. Nos. 2 ; 3 at 2.) On 2/17/2026, the court set a briefing schedule and ordered respondents to "substantively address whether any provision of law or fact in this case would distinguish it from the decision in A.A.M. v. Andrews, No. 1:25-cv-01514-DC-DMC (HC), 2025 WL 3485219 (E.D. Cal. Dec. 4, 2025)." (Doc. No. 7.) In respondents' opposition (Doc. No. 9 ) to petitioner's motion for a temporary restraining order (Doc. Nos. 2, 3 ), respondents fail to address A.A.M. despite the court's direction to do so. (Doc. No. 9 .) The court construes respondents' failure to address A.A.M. as a concession that the instant case is not distinguishable from that case. The court is persuaded by the reasoning in A.A.M., and pursuant to that reasoning, petitioner's motion for a temporary restraining order (Doc. Nos. 2, 3 ) is GRANTED, and the court ORDERS the following: (1) The court temporarily enjoins respondents and their officers, agents, servants, employees, and persons acting on their behalf in concert or in participation with them, from removing petitioner to Mexico without first allowing him a meaningful opportunity to be heard on his fear based claim before an immigration judge in compliance with due process; and (2) Respondents and their officers, agents, servants, employees, and persons acting on their behalf in concert or in participation with them, are temporarily enjoined from removing or deporting petitioner to a third country, including Mexico, absent court order to the contrary. Under the circumstances of this 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 fourteen (14) days from the date of entry of this order. (Text Only Entry) (Deputy Clerk JRW) (Entered: 02/20/2026)
Feb 20, 2026
Minute Order AND Order on Motion for TRO
#11
Mar 03, 2026
JOINT PROPOSED BRIEFING SCHEDULE by the Parties in response to 2/20/2026 Minute Order. (Williams, Jonathan) Modified on 3/4/2026 (KLY). (Entered: 03/03/2026)
Main Document:
JOINT
#12
Mar 06, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#13
Mar 06, 2026
Memorandum in Support of Motion
Main Document:
Memorandum in Support of Motion
#14
Mar 06, 2026
RESPONSE by Pamela Bondi, Orestes Cruz, Todd M. Lyons, Kristi Noem, Warden Golden State Annex to 3 Memorandum in Support of Motion, 10 Minute Order,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,, 12 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit Third Country Screening Outcome)(Williams, Jonathan) (Entered: 03/06/2026)
Main Document:
RESPONSE
Parties
Party
Party
Party
Party
Party
Attorney
Attorney
Attorney
Firm
Firm