Eastern District of California • 2:26-cv-00587
(HC) Cerda Rodriguez v. Warden, California City Correctional Center
Active
Case Information
Filed: February 26, 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 25, 2026
Parties:
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Docket Entries
#1
Feb 26, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Donald Ivan Cerda Rodriguez. (Deputy Clerk KML) (Entered: 02/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER and ORDER to SHOW CAUSE re: Preliminary Injunction by Donald Ivan Cerda Rodriguez. (Deputy Clerk KML) (Entered: 02/26/2026)
Main Document:
Temporary Restraining Order
#3
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 KML) (Entered: 02/26/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 26, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dale A. Drozd on 2/26/2026: (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, in light of petitioner's pro se status, the Clerk of the Court is directed to serve respondents with a copy of the petition for writ of habeas corpus, motion for temporary restraining order, and accompanying documents. 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 Monday, 3/2/2026. 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) or Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026), 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: 02/26/2026)
Feb 26, 2026
RECEIPT number 200017275 for $5.00 for Donald Ivan Cerda Rodriguez. (Deputy Clerk LMS)
Feb 26, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Donald Ivan Cerda Rodriguez. (Deputy Clerk KML)
Feb 26, 2026
Service by Mail
Feb 26, 2026
Minute Order
Mar 03, 2026
RE-SERVICE BY MAIL: 3 Prisoner New Case Documents and 4 Minute Order re-served on Donald Ivan Cerda Rodriguez with A-Number. (Deputy Clerk KS)
Mar 03, 2026
Service by Mail
#5
Mar 05, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/5/2026: On 2/26/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ). That same day, the court directed respondent to file an opposition to the pending motion no later than 3/2/2026 at 5:00 PM. To date, counsel for respondent has not filed a notice of appearance in this action and has not filed an opposition to the pending motion within the time provided by the court. Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), in which the court concluded that a prior release of the petitioner created an implicit promise by the respondents that the petitioner's release would only be revoked on the basis that he failed to comply with the conditions of his release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, petitioner arrived in the United States on 10/9/2022 and at some later date filed an application for asylum and withholding of removal. (Doc. No. 1 at 1-2, 17.) On 2/5/2026, petitioner was re-detained by immigration officers. (Doc. No. 1 at 2.) Accordingly, pursuant to the reasoning in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED. The court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner from respondents' custody on the same conditions that governed his release immediately prior to his re-detention on 2/5/2026; and (2) Respondent is 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 respondent shall bear the burden of demonstrating by clear and convincing evidence 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: 03/05/2026)
Mar 05, 2026
Minute Order AND Order on Motion for TRO
Mar 05, 2026
Service by Mail
Mar 05, 2026
SERVICE BY MAIL: 4 Minute Order served on Donald Ivan Cerda Rodriguez. (Deputy Clerk PAB)
Mar 05, 2026
SERVICE BY MAIL: 5 Minute Order served on Donald Ivan Cerda Rodriguez. (Deputy Clerk PAB)
#6
Mar 12, 2026
Order to Show Cause
Main Document:
Order to Show Cause
Mar 12, 2026
SERVICE BY MAIL: 6 Order served on Donald Ivan Cerda Rodriguez. (Deputy Clerk RRB)
Mar 12, 2026
Service by Mail
#7
Mar 13, 2026
[DISREGARD, see 8 Amended Response] RESPONSE to 6 Order to Show Cause by Warden, California City Correctional Center. Attorney Weger, Shelley D. added. (Weger, Shelley) Modified on 3/17/2026 (KLY). (Entered: 03/13/2026)
Main Document:
[DISREGARD,
#8
Mar 13, 2026
AMENDED RESPONSE TO 6 Order to Show Cause by Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1)(Weger, Shelley) Modified on 3/17/2026 (KLY). (Entered: 03/13/2026)
Main Document:
AMENDED
#9
Mar 17, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Mar 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ihsan U. Ahmed for Warden, California City Correctional Center, attorney Shelley D. Weger, GOVT terminated (Ahmed, Ihsan) (Entered: 03/18/2026)
Main Document:
DESIGNATION
Mar 18, 2026
SERVICE BY MAIL: 9 Order served on Donald Ivan Cerda Rodriguez. (Deputy Clerk VLK)
Mar 18, 2026
Service by Mail
#11
Mar 22, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Mar 25, 2026
MAIL RETURNED as Undeliverable, Unable to Forward: 3 Prisoner New Case Documents, 4 Minute Order sent to Donald Ivan Cerda Rodriguez. Notice of Change of Address due by 5/4/2026. (Deputy Clerk VLK)
Parties
(HC) Cerda Rodriguez
Party
Warden, California City Correctional Center
Party