Eastern District of California • 1:26-cv-01347

#1

Feb 16, 2026

PETITION for WRIT of HABEAS CORPUS against Josue David Regil Flores by Josue David Regil Flores. (Filing fee $ 5, receipt number ACAEDC-12910855) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 02/16/2026)

#2

Feb 17, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Josue David Regil Flores. (Juarez, Nancy) (Entered: 02/17/2026)

#3

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 SR) (Entered: 02/17/2026)

#4

Feb 17, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 17, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by February 19, 2026. Failure to timely file a response will be construed as non-opposition to a TRO per L.R. 230(c). Petitioner may file a reply by February 20, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction. The parties shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). TODAY, Petitioner's counsel shall serve a copy of this minute order, along with Petitioner's A# and all documents filed in this case to date, on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/17/2026)

#5

Feb 17, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Director of San Francisco Field Office U.S. Immigration and Customs Enforcement,Cody S. Chapple for Warden Mesa Verde Detention Center (Chapple, Cody) (Entered: 02/17/2026)

#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)

#7

Feb 17, 2026

CERTIFICATE / PROOF of SERVICE by Josue David Regil Flores. (Juarez, Nancy) (Entered: 02/17/2026)

Feb 17, 2026

Minute Order

#8

Feb 19, 2026

RESPONSE to ORDER TO SHOW CAUSE by Respondents; Answer to 1 Petition for Writ of Habeas Corpus; Opposition to 2 Motion for Temporary Restraining Order and Preliminary Injunction. (Chapple, Cody) Modified on 2/20/2026 (KLY). (Entered: 02/19/2026)

#9

Feb 20, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 20, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents filed an opposition. (ECF No. 3.) The Court has reviewed the parties filings 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 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 (or a notice they wish to rest on the record) by February 27, 2026. Petitioner may file a reply by March 5, 2026. The parties shall indicate whether they request a hearing. The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/20/2026)

Feb 20, 2026

Minute Order AND Order on Motion for TRO

#10

Feb 27, 2026

RESPONSE to 9 Order to Show Cause by All Respondents. (Chapple, Cody) Modified on 3/3/2026 (KS). (Entered: 02/27/2026)

#11

Feb 28, 2026

REPLY to 10 Response to Order to Show Cause by Josue David Regil Flores. (Juarez, Nancy) Modified on 3/3/2026 (KS). (Entered: 02/28/2026)

#12

Aug 06, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 9 . The court ordered respondents to show cause why the petition for writ of habeas corpus, ECF No. 1, should not be granted and judgment entered in favor of petitioner. ECF No. 9 . The petition is fully briefed. ECF Nos. 10 & 11 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated. Accordingly, I hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 9, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/06/2026)

Aug 06, 2026

Findings and Recommendations

#13

Sep 09, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 09/08/26 ADOPTING 12 Findings and Recommendations IN FULL. 1 Petition for Writ of Habeas Corpus is GRANTED. Respondents are ENJOINED from re-detaining Petitioner, while subject to 8U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative todetention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk is directed to enter judgment for Petitioner. CASE CLOSED. (Deputy Clerk KML) (Entered: 09/09/2026)

#14

Sep 09, 2026

JUDGMENT dated *09/09/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 09/08/26 in favor of Petitioner. (Deputy Clerk KML) (Entered: 09/09/2026)