Eastern District of California • 1:26-cv-01511
(HC) O.R.L. v. Albarran
Active
Case Information
Filed: February 23, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 10, 2026
Parties:
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Docket Entries
#1
Feb 23, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd Lyons, Kristi Noem by O. R.L.. (Filing fee $ 5, receipt number ACAEDC-12942044) (Attachments: # 1 Civil Cover Sheet)(Baroudi, Lina) (Entered: 02/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by O. R.L.. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Notice TRO Checklist)(Baroudi, Lina) (Entered: 02/23/2026)
Main Document:
Temporary Restraining Order
#3
Feb 23, 2026
MOTION to PROCEED under a PSEUDONYM by O. R.L.. (Baroudi, Lina) (Entered: 02/23/2026)
Main Document:
Pseudonym
#4
Feb 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 02/23/2026)
#5
Feb 23, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/23/2026: (Text Only Entry).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 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 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 tomorrow, 2/24/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion to proceed under a pseudonym, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's 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 and 3 motion to proceed under a pseudonym by 5:00 PM on Wednesday, 2/25/2026. 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 Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), 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 CGH) (Entered: 02/23/2026)
Feb 23, 2026
Minute Order
#6
Feb 24, 2026
CERTIFICATE / PROOF of SERVICE by O. R.L. re 5 Minute Order,,,,,,,,,. Attorney Baroudi, Lina added.. Attorney Baroudi, Lina added as counsel of record. (Baroudi, Lina) (Entered: 02/24/2026)
Main Document:
Certificate / Proof of Service
#7
Feb 24, 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: 02/24/2026)
Main Document:
CONSENT/DECLINE
#8
Feb 24, 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: 02/24/2026)
Main Document:
CONSENT/DECLINE
#9
Feb 25, 2026
RESPONSE by Sergio Albarran, Pamela Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem to 5 Minute Order,,,,,,,,, 3 Motion to Proceed under a Pseudonym, 2 Motion for Temporary Restraining Order. (Campbell, Charles) (Entered: 02/25/2026)
Main Document:
RESPONSE
#10
Feb 26, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 2/26/2026: On 2/23/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ) and a motion to proceed under pseudonym (Doc. No. 3 ). On 2/19/2026, respondents filed an opposition (Doc. No. 9 ) to the pending motions. In that opposition, respondents argue that petitioner is subject to a final order of removal entered on June 9, 2016, and can accordingly be detained pursuant to 8 U.S.C. § 1231(a)(6). However, respondents concede that, since April 1, 2020, petitioner has been released on parole despite the final removal order. Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous order in Correa-Correa v. Albarran, No. 1:26-cv-01283-DAD-CKD, 2026 WL 482748 (E.D. Cal. Feb. 20, 2026), where the court concluded that the petitioner was subject to the detention authority in 8 U.S.C. § 1231(a) but nevertheless was entitled to immediate release and a pre-detention hearing because the respondents failed to comply with their own regulations. Here, petitioner returned to the United States in 2018 following his removal in 2017, was apprehended in October 2019 by immigration authorities, and subsequently released on April 1, 2020, following approximately six months of detention. (Doc. No. 1 at 17-20.) On 9/15/2025, petitioner was detained by immigration officers when he reported as directed for an ISAP check-in, with no explanation or reason for his re-detention being provided at that time or since. (Id. at 21.) In their opposition, respondents state that they do not oppose converting the motion for temporary restraining order to a motion for preliminary injunction and do not oppose the granting of petitioner's motion to proceed under pseudonym. (Doc. No. 9 at 3.) Accordingly, pursuant to the reasoning in Correa-Correa, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED to a motion for preliminary injunction and GRANTED and, good cause appearing, petitioner's motion to proceed under pseudonym (Doc. No. 3 ) is also GRANTED. The court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions that governed his release immediately prior to his re-detention on 9/15/2025; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondents shall bear the burden of demonstrating that petitioner poses a risk of flight or a danger to the community. 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. This action is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk PAB) (Entered: 02/26/2026)
Feb 26, 2026
Minute Order AND Order on Motion for Pseudonym AND Order on Motion for TRO
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