Eastern District of California • 2:26-cv-00821

#1

Mar 11, 2026

2241 PETITION for WRIT of HABEAS CORPUS against all Respondents by Randy Acosta-Tolentino. (Deputy Clerk LMS) (Entered: 03/11/2026)

#2

Mar 11, 2026

EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER by Randy Acosta-Tolentino. (Deputy Clerk LMS) (Entered: 03/11/2026)

#3

Mar 11, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 03/11/2026)

#4

Mar 11, 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: 03/11/2026)

#5

Mar 12, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/12/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, Doc. No. 11 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 3/17/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 3/27/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/12/2026)

Mar 12, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Mar 12, 2026

RECEIPT number 200017643 for $5.00 from Randy Acosta-Tolentino. (Deputy Clerk OML)

Mar 12, 2026

Service by Mail

Mar 12, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Randy Acosta-Tolentino. (Text Only Entry) (Deputy Clerk CRS)

Mar 16, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Randy Acosta-Tolentino. (Deputy Clerk HAH)

Mar 16, 2026

Service by Mail

#6

Mar 17, 2026

OPPOSITION by Respondents Pamela Jo Bondi, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Campbell, Charles) (Entered: 03/17/2026)

#7

Apr 02, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 4/2/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents argue that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c) due to his recent arrest for theft. (Doc. No. 6 at 1.) Under 8 U.S.C. § 1226(c), noncitizens who are charged with, arrested for, or convicted of acts "which constitute the essential elements of any burglary, theft, larceny, [or] shoplifting" are subject to mandatory detention during the pendency of their removal proceedings. 8 U.S.C. § 1226(c)(1)(e)(ii). The Supreme Court has found that mandatory detention under this section is constitutionally permissible. See Demore v. Kim, 538 U.S. 510 (2003). In his 1 Petition, Petitioner acknowledges his conviction for identity theft but argues that detention under § 1226(c) does not apply because he was not detained by immigration authorities immediately upon his release from incarceration. (Doc. No. 1 at 6-7.) However, as Respondents note in their Opposition, this argument was rejected by the Supreme Court in Nielsen v. Preap, 586 U.S. 392 (2019). Petitioner did not file a Reply to Respondents' Opposition, and his time to do so has expired. (See Doc. No. 5.) Accordingly, the court finds that Petitioner is likely subject to mandatory detention under 8 U.S.C. § 1226(c), and therefore he has not shown a likelihood of success on the merits of his claims that his immigration detention violates the Immigration and Nationality Act and/or his Fifth Amendment right to Due Process. Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is referred to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk JRW) (Entered: 04/02/2026)

Apr 02, 2026

Minute Order AND Order on Motion for TRO

Apr 03, 2026

SERVICE BY MAIL: 7 Minute Order served on Randy Acosta-Tolentino. (Deputy Clerk KS)

Apr 03, 2026

Service by Mail

#8

Apr 06, 2026

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

Apr 06, 2026

Service by Mail

Apr 06, 2026

SERVICE BY MAIL: 8 Order served on Randy Acosta-Tolentino. (Deputy Clerk VLC)

#9

Apr 08, 2026

TRAVERSE/REPLY to 6 Opposition to Petition for Writ of Habeas Corpus by Randy Acosta-Tolentino. (Deputy Clerk VLK) Modified on 4/15/2026 (KS). (Entered: 04/09/2026)

#10

May 04, 2026

OPENING BRIEF in support of 1 Petition for Writ of Habeas Corpus filed by Randy Acosta-Tolentino. (Deputy Clerk AJB) (Entered: 05/05/2026)

#11

May 04, 2026

NOTICE of DISMISSAL of State Charges; MOTION for IMMEDIATE RELEASE by Randy Acosta-Tolentino. (Attachments: # 1 Memorandum) (Deputy Clerk AJB) (Entered: 05/05/2026)

#12

May 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/6/2026: The court has reviewed Petitioner's 11 Motion for Immediate Release. Courts within the Ninth Circuit have recently addressed claims substantially similar to those raised by Petitioner in his 11 Motion. See, e.g, Yesil v. Chestnut, No. 1:26-CV-01758-DC-AC (HC), 2026 WL 834066, at *1 (E.D. Cal. Mar. 26, 2026); S.E. v. Noem, No. 1:26-cv-00356-DAD-SCR, 2026 WL 206085 (E.D. Cal. Jan. 27, 2026; Brandon Y.M. v. Andrews, No. 1:25-cv-01962-SKO, 2026 WL 125234 (E.D. Cal. Jan. 16, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 11 Motion by 12:00 PM on 5/8/2026. Petitioner shall file a Reply thereto by 5/22/2026. In their respective briefs, the parties shall address whether any provision of law or fact in this case would distinguish it from the courts' decisions in the above-referenced cases, and whether there is any reason Petitioner should not be granted the same relief as was granted to the petitioners in those cases. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/06/2026)

May 06, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

May 06, 2026

Service by Mail

May 06, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 12, served on Randy Acosta-Tolentino. (Text Only Entry) (Deputy Clerk CRS)