Eastern District of California • 2:26-cv-00641
(HC) Cedillo-De La Cruz v. Warden
Active
Case Information
Filed: March 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 13, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Brayan Cedillo-De La Cruz. (Deputy Clerk RRB) (Entered: 03/02/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Brayan Cedillo-De La Cruz. (Deputy Clerk RRB) (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 RRB) (Entered: 03/02/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Mar 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 2, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO") requesting the Court restrain Respondents from transferring Petitioner outside this district pending a ruling on his habeas petition. (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Additionally, the Court routinely issues such orders. Accordingly, Petitioner's Motion for TRO is GRANTED. Pending the outcome of the habeas petition, unless the Court orders otherwise, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction.") Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by March 5, 2026. Any response must include Petitioner's Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the habeas petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 12, 2026. The Clerk of the Court shall serve a copy of this Order on the United States Attorney. The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/02/2026)
#5
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
Mar 02, 2026
SERVICE BY MAIL: 4 Minute Order served on Brayan Cedillo-De La Cruz. (Deputy Clerk MDK)
Mar 02, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Brayan Cedillo-De La Cruz. (Deputy Clerk RRB)
Mar 02, 2026
Minute Order AND Order on Motion for TRO
Mar 02, 2026
Service by Mail
#8
Mar 13, 2026
ORDER signed by Chief District Judge Troy L. Nunley on March 13, 2026 ORDERING Respondents' Motion to Dismiss (ECF No. 6 ) DENIED. Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) is GRANTED. Respondents must IMMEDIATELY RELE ASE Petitioner BRAYAN C. C. (A# 221-435-581). Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice of compliance with this Order by March 16, 2026. To avoid further irreparable harm and protect the public interest, Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances d emonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of the Court shall enter judgment in favor of Petitioner and close this case. CASE CLOSED. (Deputy Clerk MDK)
#9
Mar 13, 2026
Judgment
Main Document:
Judgment
Mar 13, 2026
Minute Order AND Order on Motion to Dismiss
Mar 13, 2026
Service by Mail
Parties
(HC) Cedillo-De La Cruz
Party
Warden
Party