Eastern District of California • 2:26-cv-00773

#1

Mar 09, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Jose Benito Condori-Ortiz. (Deputy Clerk VLC) (Entered: 03/10/2026)

#2

Mar 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Benito Condori-Ortiz. (Deputy Clerk VLC) (Entered: 03/10/2026)

#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

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)

#5

Mar 10, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 10, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (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). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause and Immigration and Nationality Act; (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 FROM DETENTION FACILITY 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 17, 2026. Petitioner may file a reply by March 20, 2026. The parties shall indicate whether they waive a hearing. The Clerk of the Court shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. 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. IT IS SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/10/2026)

Mar 10, 2026

SERVICE BY MAIL: 5 Minute Order served on Jose Benito Condori-Ortiz. (Deputy Clerk MDK)

Mar 10, 2026

Service by Mail

Mar 10, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Jose Benito Condori-Ortiz. (Deputy Clerk VLC)

Mar 10, 2026

Minute Order AND Order on Motion for TRO

#6

Mar 17, 2026

Answer to Petition for Writ of Habeas Corpus

Aug 06, 2026

Service by Mail

Aug 06, 2026

Findings and Recommendations

#8

Aug 20, 2026

Objections to Findings and Recommendations

#9

Aug 28, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 8/27/2026 ADOPTING 7 Findings and Recommendations; GRANTING the 1 Petition for Writ of Habeas Corpus; and Respondents are ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. & #167; 1226(a), absent compliance with statutory and constitutional protections, including a minimum of 7-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that the gove rnment's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. (cc ICE California City)CASE CLOSED (Deputy Clerk RRB)

#10

Aug 28, 2026

Judgment

Aug 28, 2026

Service by Mail