Eastern District of California • 2:26-cv-00773
(HC) Condori-Ortiz v. Warden
Active
Case Information
Filed: March 09, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 09, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Jose Benito Condori-Ortiz. (Deputy Clerk VLC) (Entered: 03/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 09, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Benito Condori-Ortiz. (Deputy Clerk VLC) (Entered: 03/10/2026)
Main Document:
Temporary Restraining Order
#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)
Main Document:
Prisoner New Case Documents for DJ Presider
#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)
Main Document:
CONSENT/DECLINE
#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: 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
Mar 10, 2026
Service by Mail
#6
Mar 17, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Parties
(HC) Condori-Ortiz
Party
Warden
Party