Eastern District of California • 2:26-cv-00666
(HC) Rosales v. Warden
Active
Case Information
Filed: March 02, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 27, 2026
Parties:
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Docket Entries
#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Miguel Angel Rosales. (Deputy Clerk VLC) (Entered: 03/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Miguel Angel Rosales. (Deputy Clerk VLC) (Entered: 03/02/2026)
Main Document:
Temporary Restraining Order
#3
Mar 02, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/02/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 02, 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: 03/02/2026)
Main Document:
CONSENT/DECLINE
#5
Mar 02, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/2/2026: 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. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Tuesday, 3/3/2026. In that opposition, respondents shall substantively address the impact of the court's decision in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025) on this action, in particular, whether petitioner is a member of the "Bond Eligible Class" certified in that order. 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)
Mar 02, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Miguel Angel Rosales. (Deputy Clerk VLC)
Mar 02, 2026
Service by Mail
Mar 02, 2026
RECEIPT number 200017352 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)
Mar 02, 2026
SERVICE BY MAIL: 5 Minute Order served on Miguel Angel Rosales. (Deputy Clerk PAB)
Mar 02, 2026
Minute Order
#6
Mar 03, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#7
Mar 04, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 3/4/2026: On 3/2/2026, petitioner, proceeding pro se, filed a motion for a temporary restraining order (Doc. No. 2 ). That same day, the court set a briefing schedule and directed respondents to address the impact of the court's decision in Bautista v. Santacruz, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3713987 (C.D. Cal. Dec. 18, 2025), judgment entered sub nom. Maldonado Bautista v. Noem, No. 5:25-cv-01873-SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025) on this action. Here, petitioner entered the United States in 2003 and has continuously resided in the United States ever since. (Doc. No. 1 at 4.) Petitioner was detained by immigration authorities on 1/18/2026. (Id. at 5.) On 3/3/2026, respondents filed their opposition (Doc. No. 6 ) to petitioner's motion for a temporary restraining order. Respondents state therein that petitioner appears to fall within the bond eligible class certified in Bautista. (Id. at 2.) Respondents also state that they do not oppose treating the motion for temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id. at 1-2.) The court finds analogous and persuasive its prior analysis in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026) where it found that the petitioner was likely to succeed on the merits of his claims in light of the final judgement entered in Bautista and incorporates that analysis herein. Accordingly, pursuant to the court's reasoning as stated in Rangel, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a Motion for Preliminary Injunction and is GRANTED, and the court ORDERS the following: (1) Respondents are ORDERED to provide petitioner a bond hearing within ten (10) days of the date of entry of this order; (2) Within three days of the bond hearing, respondents shall file a status report in this case confirming that petitioner has been provided the bond hearing; and (3) petitioner's request for a temporary restraining order ordering respondents to immediately release him is DENIED without prejudice. 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 Edmund F. Brennan for further proceedings. (Deputy Clerk JRM) (Entered: 03/04/2026)
Mar 04, 2026
SERVICE BY MAIL: 7 Minute Order served on Miguel Angel Rosales. (Deputy Clerk JRM)
Mar 04, 2026
Minute Order AND Order on Motion for TRO
Mar 04, 2026
Service by Mail
#8
Mar 15, 2026
STATUS REPORT by Warden. (Attachments: # 1 Exhibit)(McDonald, Tracey) (Entered: 03/15/2026)
Main Document:
STATUS
#9
Mar 24, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#10
Mar 26, 2026
Order
Main Document:
Order
Mar 26, 2026
Service by Mail
Mar 26, 2026
SERVICE BY MAIL: 10 Order, served on Miguel Angel Rosales. (Deputy Clerk LMS)
#11
Mar 31, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#12
Apr 13, 2026
Request
Main Document:
Request
#13
Apr 27, 2026
Findings and Recommendations AND Order AND Order on Motion for Miscellaneous Relief
Main Document:
Findings and Recommendations AND Order AND Order on Motion for Miscellaneous Relief
Apr 27, 2026
Service by Mail
Parties
(HC) Rosales
Party
Warden
Party