Eastern District of California • 2:26-cv-00647

#1

Mar 02, 2026

PETITION for WRIT of HABEAS CORPUS against Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden by Julio Cesar Tadeo Lopez. (Deputy Clerk AMW) (Entered: 03/02/2026)

#2

Mar 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Julio Cesar Tadeo Lopez. (Deputy Clerk AMW) (Entered: 03/02/2026)

#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 AMW) (Entered: 03/02/2026)

#4

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. Further, in light of petitioner's pro se status, no later than tomorrow, 3/3/2026, by 5:00 PM, the Clerk of the Court 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 Attorney's 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 2 motion for temporary restraining order by 5:00 PM on Wednesday, 3/4/2026. 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), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Respondents are also directed to substantively address the impact of petitioner's presently active DACA status on his removal proceedings. Finally, 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: 4 Minute Order served on Julio Cesar Tadeo Lopez. (Deputy Clerk PAB)

Mar 02, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Julio Cesar Tadeo Lopez. (Deputy Clerk AMW)

Mar 02, 2026

Minute Order

Mar 02, 2026

Service by Mail

Mar 02, 2026

RECEIPT number 200017340 for $5.00 for Habeas Filing Fee. (Deputy Clerk AMW)

#5

Mar 03, 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: 03/03/2026)

#6

Mar 03, 2026

Dismiss

#7

Mar 03, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus, OPPOSITION to Preliminary Injunction and OPPOSITION to 2 Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service) (Ahmed, Ihsan) Modified on 3/4/2026 (KS). (Entered: 03/03/2026)

#8

Mar 05, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 3/5/2026: Upon review of respondents' 7 opposition to petitioner's 2 motion for temporary restraining order, the court DIRECTS respondents to provide supplemental briefing and supporting documentation regarding the circumstances surrounding petitioner's initial entry into the United States, any interactions that he had with immigration officials after his initial entry, the circumstances surrounding petitioner's re-detention, the present status of his pending removal proceedings, and any other information that respondents believe would inform the court in its resolution of petitioner's 2 motion. Respondents shall have until Monday, 3/9/2026, by 5 PM to comply with this order. (Deputy Clerk JRM) (Entered: 03/05/2026)

Mar 05, 2026

Minute Order

Mar 05, 2026

Service by Mail

Mar 05, 2026

SERVICE BY MAIL: 8 Minute Order served on Julio Cesar Tadeo Lopez. (Deputy Clerk JRM)

#9

Mar 09, 2026

SUPPLEMENTAL BRIEF in response to 8 Minute Order by Respondents. (Attachments: # 1 Ex. 1, # 2 Ex. 2 Form I-213, # 3 Ex. 3 2012 DACA Application, # 4 Ex. 4 2014 DACA Application)(Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#10

Mar 09, 2026

EXHIBIT 5: 2016 DACA Application in support of 9 Supplemental Brief by Respondents. (Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#11

Mar 09, 2026

EXHIBIT 8: 2022 DACA Application in support of 9 Supplemental Brief by Respondents. (Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#12

Mar 09, 2026

EXHIBIT 6: 2018 DACA Application in support of 9 Supplemental Brief by Respondents. (Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#13

Mar 09, 2026

EXHIBITS 9-11 in support of 9 Supplemental Brief by Respondents. (Attachments: # 1 Ex. 10 Custody determination, # 2 Ex. Notice of Filing Rejected)(Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#14

Mar 09, 2026

EXHIBIT 7 and Certificate of Service in support of 9 Supplemental Brief by Respondents. (Attachments: # 1 Certificate of Service)(Ahmed, Ihsan) Modified on 3/12/2026 (HAH). (Entered: 03/09/2026)

#15

Mar 12, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/12/2026: On 3/2/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order in which he argues that he is entitled to immediate release from respondents' custody because he has valid and active DACA status. (Doc. No. 2 .) On 3/3/2026, respondents filed an opposition to the pending motion in which they argue that petitioner's DACA status has been revoked since 2022, and that petitioner is lawfully detained under 8 U.S.C. § 1225(b)(2) because he entered the United States illegally and without inspection. (Doc. No. 7 at 1.) In that opposition, respondents state that they do not oppose conversion of the motion for a temporary restraining order to a motion for preliminary injunction and do not request a hearing on that motion. However, because the parties provided conflicting information regarding petitioner's DACA status, and neither party provided any information regarding petitioner's entry into the United States, on 3/5/2026, the court issued an order directing respondents to provide supplemental briefing and supporting documentation "regarding the circumstances surrounding petitioner's initial entry into the United States, any interactions that he had with immigration officials after his initial entry, the circumstances surrounding petitioner's re-detention, the present status of his pending removal proceedings, and any other information that respondents believe would inform the court in its resolution of petitioner's motion." (Doc. No. 8 .) On 3/9/2026, respondents filed supplemental briefing in which they represent that petitioner was never encountered by immigration officials when he entered the United States, nor was he ever detained and subsequently released. Instead, according to respondent, petitioner's first encounter with immigration officials was when they arrested him on 12/30/2025 upon his release from the Santa Barbara County Jail. Neither party has indicated why petitioner was arrested and detained at the Santa Barbara County Jail, but respondents have submitted documentation indicating that petitioner's DACA status is currently invalid. The court has recently explained its position regarding the due process to which individuals such as petitioner outside of the Central District of California are entitled to in light of the recent administrative stay that has been imposed in Bautista v. Santacruz, -- F. Supp. 3d --, 2025 WL 3713987 (C.D. Cal. 2025). See Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), Doc. No. 8 (Mar. 10, 2026). The court adopts the reasoning of the decision in Quichimbo-Jimenez here. Because petitioner was not initially encountered by immigration officials when he entered the United States, was detained inside the United States, and is not subject to mandatory detention, the court concludes that petitioner is entitled to a bond hearing pursuant to § 1226(a). Accordingly, the court CONVERTS petitioner's motion for temporary restraining order into a motion for preliminary injunction and GRANTS it as follows: (1) Respondents are ORDERED to provide petitioner with an individualized bond hearing before an immigration judge pursuant to § 1226(a) within ten (10) days from the date of entry of this order; and (2) Respondents are ORDERED to file a status report within three (3) days from the date that petitioner is provided with a bond hearing confirming that this order has been complied with. Petitioner's request for a temporary restraining order requiring respondents to immediately release him from confinement 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 writ of habeas corpus (Doc. No. 1 ) is referred to the assigned magistrate judge for further proceedings. (Deputy Clerk JRM) (Entered: 03/12/2026)

Mar 12, 2026

Minute Order AND Order on Motion for TRO

Mar 12, 2026

Service by Mail

Mar 12, 2026

SERVICE BY MAIL: 15 Minute Order served on Julio Cesar Tadeo Lopez. (Deputy Clerk JRM)