Eastern District of California • 1:26-cv-01654

#1

Feb 27, 2026

PETITION for WRIT of HABEAS CORPUS against Pam Bondi, Christopher Chestnut, Orestes Cruz, Does 1-5, Todd Lyons, Kristi Noem by LUIS DANIEL GARBEY-DIAZ. (Filing fee $ 5, receipt number ACAEDC-12969421) (Glazer, Nicolette) (Entered: 02/27/2026)

#2

Feb 27, 2026

CIVIL COVER SHEET filed by LUIS DANIEL GARBEY-DIAZ. (Glazer, Nicolette) (Entered: 02/27/2026)

#3

Feb 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk SR) (Entered: 02/27/2026)

#4

Feb 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Luis Daniel Garbey-Diaz. (Attachments: # 1 Supplement TRO Checklist, # 2 Proposed Order Proposed Ex parte TRO order)(Glazer, Nicolette) (Entered: 02/27/2026)

#5

Feb 27, 2026

DECLARATION of Nicolette Glazer in support of 4 Motion for Temporary Restraining Order. (Glazer, Nicolette) (Entered: 02/27/2026)

#6

Feb 28, 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: 02/28/2026)

#7

Mar 02, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/2/2026: Pending the issuance of the court's order resolving the pending 4 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 courts 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 4 motion for temporary restraining order. Further, no later than today, 3/2/2026, by 5:00 PM, petitioner's counsel 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 Attorneys 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 4 motion for temporary restraining order by 5:00 PM tomorrow, 3/3/2026. 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 Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) or Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 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 PAB) (Entered: 03/02/2026)

#8

Mar 02, 2026

DECLARATION of SERVICE re 1 Petition for Writ of Habeas Corpus, 4 Motion for Temporary Restraining Order and 7 Minute Order by Luis Daniel Garbey-Diaz. (Glazer, Nicolette) Modified on 3/4/2026 (KS). (Entered: 03/02/2026)

Mar 02, 2026

Minute Order

#9

Mar 03, 2026

Opposition to Motion

#10

Mar 04, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/4/2026: On 2/27/2026, petitioner filed a motion for temporary restraining order in which he alleges that he entered the United States on 6/17/2022, he was arrested pursuant to 8 U.S.C. § 1226(a), on or about 6/19/2022 he was served with an interim notice of conditional parole and placed on an order of recognizance, and petitioner was subsequently re-detained without any warning, paperwork, or legitimate reason. (Doc. No. 4 at 4-5.) On 3/2/2026, the court set a briefing schedule on petitioner's pending motion and ordered respondents to substantively address whether any provision of law or fact in this case would distinguish it from the situations addressed by this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) or Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025). (Doc. No. 7.) In their opposition (Doc. No. 9 ), respondents concede that "there are no significant factual or legal issues in this case that materially distinguish it from the cases identified in the Order." (Doc. No. 9 at 1.) Respondents also state they do not oppose conversion of the motion for temporary restraining order to a motion for preliminary injunction. (Id.) Accordingly, pursuant to the court's reasoning as set forth in Perez and Rocha Chavarria, petitioner's motion for a temporary restraining order (Doc. No. 4 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his recent re-detention; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden of demonstrating a change in circumstances justifying petitioner's re-detention. 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. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Jeremy D. Peterson for further proceedings. (Deputy Clerk JRM) (Entered: 03/04/2026)

Mar 04, 2026

Minute Order AND Order on Motion for TRO

#11

Mar 09, 2026

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

Apr 13, 2026

Findings and Recommendations

#14

Apr 20, 2026

Objections to Findings and Recommendations