Eastern District of California • 2:26-cv-00766

#1

Mar 09, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Josue Salvador Herrera Garcia. (Deputy Clerk VLC) (Entered: 03/10/2026)

#2

Mar 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Josue Salvador Herrera Garcia. (Deputy Clerk VLC) (Entered: 03/10/2026)

Mar 09, 2026

RECEIPT number 200017571 for $5.00 for Josue Salvador Herrera Garcia. (Deputy Clerk LMS)

#3

Mar 10, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/10/2026)

#4

Mar 10, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/10/2026: 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 respondent 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. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent 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. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Wednesday, 3/11/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Rangel v. Noem, No. 1:26-cv-00084-DAD-CSK, 2026 WL 73996 (E.D. Cal. Jan. 9, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk JRM) (Entered: 03/10/2026)

#5

Mar 10, 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: 03/10/2026)

Mar 10, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Josue Salvador Herrera Garcia. (Deputy Clerk VLC)

Mar 10, 2026

Minute Order

Mar 10, 2026

Service by Mail

Mar 10, 2026

SERVICE BY MAIL: 4 Minute Order served on Josue Salvador Herrera Garcia. (Deputy Clerk JRM)

#6

Mar 12, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 3/12/2026: On 3/9/2026, petitioner filed a motion for temporary restraining order (Doc. No. 2 ). On 3/10/2026, the court directed respondent to file an opposition to the pending motion no later than 3/11/2026 at 5:00 PM. On 3/10/2026, respondent filed an unrelated form with the court (See Doc. No. 5 ), but has not to date filed an opposition to petitioner's pending motion for temporary restraining order, and the time in which to do so has passed. Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), in which the court concluded that a prior release of the petitioner created an implicit promise by the respondents that the petitioner's release would only be revoked on the basis that he failed to comply with the conditions of his release, and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), in which the court concluded that previously releasing the petitioner on his own recognizance created a reliance interest such that the petitioner was entitled to the due process available under 8 U.S.C. § 1226(a). Here, petitioner arrived in the United States on 8/6/2021 and at some later date was released and filed an application for asylum and withholding of removal. (Doc. No. 1 at 4.) On 1/6/2026, petitioner was re-detained by immigration officers. (Id.) Accordingly, pursuant to the reasoning in Perez and O.A.C.S., petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED. The court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner from respondent's custody on the same conditions that governed his release immediately prior to his re-detention on 1/6/2026; and (2) Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondent shall bear the burden of demonstrating by clear and convincing evidence that petitioner poses a risk of flight or a danger to the community if released. 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. This action is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk JRM) (Entered: 03/12/2026)

Mar 12, 2026

SERVICE BY MAIL: 6 Minute Order served on Josue Salvador Herrera Garcia. (Deputy Clerk JRM)

Mar 12, 2026

Minute Order AND Order on Motion for TRO

Mar 12, 2026

Service by Mail

#7

Mar 17, 2026

Order

Mar 17, 2026

Service by Mail

Mar 17, 2026

SERVICE BY MAIL: 7 Order served on Josue Salvador Herrera Garcia. (Deputy Clerk KEZ)

Mar 23, 2026

MAIL RETURNED as Undeliverable, Unable to forward: 3 Prisoner New Case Documents sent to Josue Salvador Herrera Garcia. Notice of Change of Address due by 4/30/2026. (Deputy Clerk VLK)

#8

Mar 24, 2026

Dismiss