Eastern District of California • 1:26-cv-01757

#1

Mar 04, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Pamela Bondi, Todd Lyons, Kristi Noem by Sergio Cruz Bautista. (Filing fee $ 5, receipt number ACAEDC-12988285) (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Proposed Order Proposed Order to Show Cause, # 3 Exhibit Summons, # 4 Exhibit Summons, # 5 Exhibit Summons, # 6 Exhibit Summons, # 7 Exhibit Summons)(Bautista, Cynthia) (Entered: 03/04/2026)

#2

Mar 04, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/04/2026)

#3

Mar 04, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 4, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Respondents to immediately release Petitioner. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than two court days from the electronic date of this Minute Order. If Petitioner does not intend to file a TRO, he shall notify the Court immediately at mkrueger@caed.uscourts.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/04/2026)

#4

Mar 04, 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: 03/04/2026)

Mar 04, 2026

Minute Order

#5

Mar 06, 2026

Temporary Restraining Order

#6

Mar 06, 2026

Proposed Order

#7

Mar 06, 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: 03/06/2026)

#8

Mar 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 6, 2026: issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 6, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 5 .) 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). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. 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. 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 13, 2026. Failure to timely respond will be construed as a non-opposition. L.R. 230(c). Petitioner may file a reply by March 20, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed to date in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/06/2026)

Mar 06, 2026

Minute Order AND Order on Motion for TRO