Eastern District of California • 1:26-cv-01610

#1

Feb 25, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden by Julio G.B.. (Filing fee $ 5, receipt number ACAEDC-12959881) (Attachments: # 1 Civil Cover Sheet)(Gutierrez, Bonita) (Entered: 02/25/2026)

#2

Feb 26, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 02/26/2026)

#3

Feb 26, 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: 02/26/2026)

#4

Feb 26, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Julio G.B.. (Attachments: # 1 Declaration of counsel, # 2 Memorandum, # 3 Proposed Order)(Gutierrez, Bonita) (Entered: 02/26/2026)

#5

Feb 26, 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: 02/26/2026)

#6

Feb 26, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/26/2026: Respondents shall file any opposition to the 2 motion for temporary restraining order by March 4, 2026. Petitioner may file a reply by March 6, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, 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, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 02/26/2026)

#7

Feb 26, 2026

MOTION to DISMISS by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex. (Yu, Jonathan) (Entered: 02/26/2026)

#8

Feb 26, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex to 6 Minute Order,,, 4 Motion for Temporary Restraining Order. (Yu, Jonathan) (Entered: 02/26/2026)

Feb 26, 2026

Minute Order

#9

Mar 06, 2026

REPLY by Julio G.B. re 7 Motion to Dismiss, 8 Response. (Gutierrez, Bonita) (Entered: 03/06/2026)

#10

Mar 06, 2026

MOTION to PROCEED under a PSEUDONYM by Julio G.B.. (Attachments: # 1 Proposed Order)(Gutierrez, Bonita) (Entered: 03/06/2026)

#11

Mar 20, 2026

STATUS REPORT by Julio G.B.. (Gutierrez, Bonita) (Entered: 03/20/2026)

#12

Mar 23, 2026

ORDER GRANTING 10 Unopposed Motion to Proceed Under a Pseudonym signed by District Judge Kirk E. Sherriff on 3/21/2026. (Deputy Clerk AML)

#13

Mar 23, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/23/2026: (Text Only Entry): The 4 motion for temporary restraining order is denied. Petitioner argues that his detention violates the Due Process Clause and the Immigration and Nationality Act. But his motion indicates that he has already received at least one § 1226(a) bond hearing, as recently as January 21, 2026, and the immigration judge denied bond after finding that petitioner was a flight risk and a danger. See Doc. 4-1, Ex. 3. The Ninth Circuit has upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). Section 1226(a)'s procedures include placing the burden on the detainee to demonstrate that he is not a flight risk or danger. Id. at 1197, 1210 (citing Matter of Guerra, 24 I. & N. Dec. 37, 40 (B.I.A. 2006)). Petitioner received the process required by 8 U.S.C. § 1226(a). Petitioner argues that the burden should have been on the government to prove that he was both a flight risk and a danger to the community, citing cases in which courts considered the re-detention of a noncitizen who was released from custody following a determination under 8 C.F.R. § 1236.1(c)(8) that she was not a flight risk or danger and then was subsequently re-detained. See Doc. 4-2 at 16 (citing Carmen G.C. v. Robbins, No. 1:25-cv-01648-KES-HBK (HC), 2025 WL 3521304, at *7 (E.D. Cal. Dec. 8, 2025)). Petitioner argues that he similarly received a determination that he was not a flight risk or danger because immigration officials previously granted him deferred action on six occasions. See Doc. 4-2 at 14-16. But a grant of deferred action does not reflect a determination as to whether the individual is a flight risk. See 8 C.F.R. § 236.22(b)(6). Even assuming, without deciding, that petitioner were correct that the IJ should have placed the burden on the government to prove that petitioner was a danger, petitioner fails to show any error in placing the burden on petitioner to show that he was not a flight risk. Petitioner has therefore failed to show a likelihood of success on his claims. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 03/23/2026)

Mar 23, 2026

Minute Order AND Order on Motion for TRO

#14

Mar 24, 2026

MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 3/24/2026: (Text Only Entry). On March 23, 2026, the District Court issued an order 13 denying a temporary restraining order and referring the matter to the undersigned for further proceedings. The parties are directed to advise the Court within five (5) days whether they wish to provide additional briefing. If the parties do not respond within the specified time, the Court will assume the parties wish to proceed on their current submissions. (Deputy Clerk WAK) (Entered: 03/24/2026)

Mar 24, 2026

Minute Order

#15

Mar 25, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex to 14 Minute Order,,. (Yu, Jonathan) (Entered: 03/25/2026)

#16

Mar 27, 2026

STATUS REPORT by Julio G.B.. (Gutierrez, Bonita) (Entered: 03/27/2026)

#17

Apr 01, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Julio G.B.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gutierrez, Bonita) (Entered: 04/01/2026)

#18

Apr 06, 2026

ORDER DIRECTING RESPONDENT to File a Response to Petition signed by Magistrate Judge Sheila K. Oberto on 04/03/2026. Clerk to serve a copy of this order, a copy of the Petition on the United States Attorney. (Deputy Clerk EF) (Entered: 04/06/2026)

#19

Apr 15, 2026

STIPULATION re 18 Order Directing Respondent to File a Response to the Petition, Joint Case Management Statement by Julio G.B.. (Gutierrez, Bonita) (Entered: 04/15/2026)

#20

Apr 16, 2026

MINUTE ORDER (TEXT ONLY): On April 15, 2026, the parties submitted a joint case management statement 19 regarding briefing the amended petition. Pursuant to the joint statement, Respondent's answer is due by April 27, 2026, and Petitioner's traverse is due by April 30, 2026, whereupon the matter will be fully briefed. Minute order signed by Magistrate Judge Frank J. Singer on 4/16/2026. (Deputy Clerk EV) (Entered: 04/16/2026)

Apr 16, 2026

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

#21

Apr 26, 2026

NOTICE of RELATED CASE(S) 1:25-cv-01529-JDP, 1:26-cv-01610-KES-SKO by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex. (Yu, Jonathan) (Entered: 04/26/2026)

#22

Apr 27, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex to 17 Amended Petition for Writ of Habeas Corpus, 18 Order Directing Respondent to File a Response to the Petition, 20 Minute Order,, Set/Reset Deadlines and Hearings,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 04/27/2026)

#23

Apr 30, 2026

REPLY by Julio G.B. re 17 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A - evidence sent to USCIS)(Gutierrez, Bonita) (Entered: 04/30/2026)

#24

May 04, 2026

ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk SR) (Entered: 05/04/2026)

#25

May 11, 2026

STATUS REPORT by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Warden of Golden State Annex. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 05/11/2026)

Jul 06, 2026

Minute Order

Jul 28, 2026

Minute Order

Jul 29, 2026

Minute Order

Aug 07, 2026

Minute Order

#32

Aug 31, 2026

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/31/2026 DENYING 7 Motion to Dismiss as moot in light of the filing of the first amended petition; and RECOMMENDING that The first amended petition for writ of habeas corpus 17 be granted. Respondents be ordered to immediately release petitioner (A-Number: 204-472-910) from their custody on the same conditions as prior to his detention. Respondents shall not impose any additional restrictions on pet itioner, unless that is determined to be necessary at a future pre-deprivation hearing. If the government seeks to re- detain petitioner, it must provide no less than seven days' notice to petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence. The Clerk of Court be directed to serve Golden State Annex Detention Facility with a copy of this order. The Clerk of Court be ordered to enter judgment accordingly and close this case. These Findings and Recommendations are submitted to U.S. District Judge Kirk E. Sherriff; Objections to these F&Rs due within three days.

#33

Sep 03, 2026

Objections to Findings and Recommendations

#34

Sep 28, 2026

ORDER ADOPTING 32 Findings and Recommendations, Granting Petition for Writ of Habeas Corpus, and Requiring Immediate Release signed by District Judge Kirk E. Sherriff on 09/27/2026. CASE CLOSED. (Deputy Clerk LJB)

#35

Sep 28, 2026

Judgment