Eastern District of California • 2:26-cv-00545

#1

Feb 23, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by David Calel Sis. (Deputy Clerk AJB) (Entered: 02/23/2026)

#2

Feb 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by David Calel Sis. (Deputy Clerk AJB) (Entered: 02/23/2026)

#3

Feb 23, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 02/23/2026)

#4

Feb 23, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 2/23/26: 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, in light of petitioner's pro se status, no later than tomorrow, 2/24/2026, by 5:00 PM, the Clerk of the Court 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 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 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 JRM) (Entered: 02/23/2026)

Feb 23, 2026

Minute Order

Feb 23, 2026

RECEIPT number 200017222 for $5.00 for Filing fee from David Calel Sis. (Deputy Clerk VLK)

Feb 23, 2026

SERVICE BY MAIL: 4 Minute Order served on David Calel Sis. (Deputy Clerk JRM)

Feb 23, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on David Calel Sis. (Deputy Clerk AJB)

Feb 23, 2026

Service by Mail

#5

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)

Feb 24, 2026

RECEIPT number 200017222 for $5.00 for Filing fee from David Calel Sis. (Deputy Clerk VLK)

#6

Feb 25, 2026

Dismiss

#7

Feb 25, 2026

Certificate / Proof of Service

#8

Feb 26, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 02/26/2026: On 2/23/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order seeking his immediate release from respondents' custody. (Doc. No. 2 .) On 2/25/2026, respondents filed an opposition to the pending motion in which they argue that petitioner is an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225(b)(2). (Doc. No. 6 at 1) (citing Buenrostro-Mendez v. Bondi, No. 25-20496, 2026 WL 323330, at *1 (5th Cir. Feb. 6, 2026)). However, respondents concede that this case is not procedurally distinct from the court's prior order in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025). (Id. at 2.) Respondents also submit on their briefing in opposition to any pending motion for preliminary injunction. (Id.) Petitioner is a native and citizen of Guatemala who entered the United States on or about 2/8/2022. On an unidentified date thereafter, the Department of Homeland Security detained and then released petitioner from immigration custody. On or about 12/9/2025, Immigration and Customs Enforcement ("ICE") re-detained petitioner. There is no indication that he was provided with prior notice or an explanation for his re-detention. Petitioner has no prior criminal history. 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. Having considered the circumstances of petitioner's case and the parties' arguments, the court finds instructive the reasoning in its prior order Ayala Cajina, where the court held that the petitioner acquired a liberty interest in his continued freedom from immigration custody after the government released him on his own recognizance and his subsequent re-detention without prior notice violated due process. Accordingly, the court CONVERTS petitioner's motion for temporary restraining order (Doc. No. 2 ) into a motion for preliminary injunction and GRANTS it as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to prior to his re-detention on or about 12/9/2025; (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner presents either a flight risk or danger. Respondents' motion to dismiss (Doc. No. 6 ), is therefore DENIED. The petition for writ of habeas corpus (Doc. No. 1 ) is referred to the assigned magistrate judge for further proceedings. (Deputy Clerk JRM) (Entered: 02/26/2026)

Feb 26, 2026

Minute Order AND Order on Motion for TRO

Feb 26, 2026

Service by Mail

Feb 26, 2026

SERVICE BY MAIL: 8 Minute Order served on David Calel Sis. (Deputy Clerk JRM)

#9

Mar 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 3/2/2026: Respondents are GRANTED 14 (fourteen) days from the date of this order to file an answer. If Respondents file an answer, Petitioner may file a traverse within 7 (seven) days. If Respondents do not file an answer, the matter will be deemed submitted. (Text Only Entry) (Deputy Clerk LMK) (Entered: 03/02/2026)

Mar 02, 2026

Service by Mail

Mar 02, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Mar 02, 2026

SERVICE BY MAIL: 9 Minute Order served on David Calel Sis. (Deputy Clerk LMK)

Mar 09, 2026

MAIL RETURNED as Undeliverable, Not in Custody: {8} Minute Order sent to David Calel Sis. Notice of Change of Address due by 4/16/2026. (Deputy Clerk AMW)

Mar 09, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 3 Prisoner New Case Documents sent to David Calel Sis 246-059-637. Notice of Change of Address due by 4/16/2026. (Deputy Clerk AMW)

#10

Mar 16, 2026

Dismiss

Mar 25, 2026

Findings and Recommendations

Mar 25, 2026

Service by Mail

#12

Apr 01, 2026

Objections to Findings and Recommendations

#13

Apr 01, 2026

Certificate / Proof of Service