Eastern District of California • 1:26-cv-01845

#1

Mar 06, 2026

PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem by Daniela Alejandra Oliva Funez. (Filing fee $ 5, receipt number ACAEDC-13001948) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 03/06/2026)

#2

Mar 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Daniela Alejandra Oliva Funez. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 03/06/2026)

#3

Mar 06, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/06/2026)

#4

Mar 06, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/6/2026: Respondents shall file a response to the 2 motion for temporary restraining order by March 12, 2026. Petitioner may file a reply by March 16, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (GM) (Entered: 03/06/2026)

Mar 06, 2026

Minute Order

#5

Mar 07, 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: 03/07/2026)

#6

Mar 12, 2026

Dismiss

#7

Mar 12, 2026

Answer to Petition for Writ of Habeas Corpus

#8

Mar 16, 2026

REPLY by Daniela Alejandra Oliva Funez re 6 Motion to Dismiss, 7 Answer to Petition for Writ of Habeas Corpus, 4 Minute Order,,,. (Salgado, Mario) (Entered: 03/16/2026)

#9

Mar 20, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/20/2026: (Text Only Entry). The 2 motion for temporary restraining order is denied. Petitioner asserts that she was unlawfully re-detained under 8 U.S.C. § 1225(b)(2)(A) due to the BIA's decision in Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). See Doc. 2 at 8-9. She relies on cases in which courts considered the re-detention of a noncitizen who was released from custody under 8 U.S.C. § 1226(a) and then subsequently re-detained pursuant to 8 U.S.C. § 1225(b)(2)(A). E.g., Clene C.D. v. Robbins, et al. No. 1:25-cv-KES-SKO (HC) (E.D. Cal. Dec. 2, 2025). But given that petitioner is subject to a reinstated final order of removal (see Doc. 7, Ex. 3), 8 U.S.C. § 1231 governs her detention. See Johnson v. Guzman Chavez, 594 U. S. 523, 533-35 (2021). Neither petitioner's 2 motion nor her 1 petition addresses § 1231 or the regulations governing ICE's authority to revoke the release of a noncitizen who was previously released from immigration custody on an order of supervision after having been ordered removed. See 8 C.F.R. §§ 241.13(i), 241.4(l); Perez-Escobar v. Moniz, 792 F. Supp. 3d 224, 225 (D. Mass. 2025). And to extent the petitioner addresses § 1231 and the regulations for the first time in her reply, she fails to establish a likelihood of success on the merits of the claims actually raised in her petition. Petitioner has not met her burden, on the present motion, to show that she is likely to succeed on the merits of the claims in the petition. Petitioner's alternative request to amend her petition is GRANTED. Petitioner may file an amended petition within thirty days of this Order. See Fed. R. Civ. P. 15(a)(2). This case is referred to the assigned magistrate judge for consideration of the petition (or amended petition, if filed), or other appropriate action. (Deputy Clerk VMG) (Entered: 03/20/2026)

Mar 20, 2026

Minute Order

#10

Apr 02, 2026

AMENDED DOCUMENT by Daniela Alejandra Oliva Funez: Amended 1 Petition for Writ of Habeas Corpus,. (Salgado, Mario) (Entered: 04/02/2026)

#11

Apr 02, 2026

Preliminary Injunction

#12

Apr 02, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/02/2026: (Text Only Entry). The 11 motion for preliminary injunction is referred to the assigned magistrate judge for the preparation of findings and recommendations or other appropriate action. (Deputy Clerk VMG) (Entered: 04/02/2026)

Apr 02, 2026

Minute Order

#13

Apr 06, 2026

MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 04/06/2026: In light of the presiding district judge's referral to the undersigned regarding Petitioner's motion for preliminary injunction (see Doc. 12), it is HEREBY ORDERED that Respondents shall file, no later than 4/13/2026, any supplemental briefing regarding the motion for preliminary injunction (Doc. 11 ) and the merits of the amended petition (Doc. 10 ) or, in the alternative, a statement that they raise no further arguments. Petitioner may file any traverse in support of the motion and petition no later than five (5) days after Respondents file their response to this order. (Deputy Clerk CRB) (Entered: 04/06/2026)

Apr 06, 2026

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

#14

Apr 09, 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: 04/09/2026)

#15

Apr 10, 2026

Findings and Recommendations

#16

Apr 13, 2026

SUPPLEMENT by Moises Becerra, Pamela Bondi, Christopher Chestnut, Kristi Noem re 6 MOTION to DISMISS, 7 Answer to Petition for Writ of Habeas Corpus. (Black, Lauren) (Entered: 04/13/2026)

#17

Apr 20, 2026

REPLY by Daniela Alejandra Oliva Funez re 16 Supplement, 15 Findings and Recommendations (Motion),. (Salgado, Mario) (Entered: 04/20/2026)

#18

Apr 24, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

#19

Apr 24, 2026

Judgment