Eastern District of California • 1:26-cv-01949

#1

Mar 11, 2026

PETITION for WRIT of HABEAS CORPUS against Tae D. Johnson, Warden by Juan Margil Pena Balderas. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk AMW) (Entered: 03/11/2026)

#2

Mar 11, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Juan Margil Pena Balderas. (Deputy Clerk AMW) (Entered: 03/11/2026)

#3

Mar 11, 2026

MOTION to APPOINT COUNSEL by Juan Margil Pena Balderas. (Deputy Clerk AMW) (Entered: 03/11/2026)

#4

Mar 11, 2026

DECLARATION of Juan Margil Pena Balderas. (Deputy Clerk AMW) (Entered: 03/11/2026)

Mar 11, 2026

RECEIPT number 100007534 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)

#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 One 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 One 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)

#6

Mar 12, 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: 03/12/2026)

Mar 12, 2026

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

#7

Mar 16, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit Form I-213)(Rodriguez, Camilo) Modified on 3/18/2026 (KS). (Entered: 03/16/2026)

#8

Mar 17, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/17/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents continue to oppose issuance of a Temporary Restraining Order. However, Respondents do not identify any material distinction between this case and the court's previous decisions in 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), and other cases addressing the same issue presented here. Accordingly, pursuant to the court's reasoning in Alvarez Maciel and Barajas Ortiz, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner shall be released immediately from the Respondents' custody; and (2) should Respondents attempt to re-detain Petitioner, they shall provide him with a bond hearing pursuant to 8 C.F.R. 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (see Doc. No. 7), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. Upon further review, the court will not rule directly on the Petition at this time. Therefore, this case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/17/2026)

#9

Mar 17, 2026

Certificate / Proof of Service

Mar 17, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 8, served on Juan Margil Pena Balderas. (Text Only Entry) (Deputy Clerk CRS)

Mar 17, 2026

Service by Mail

Mar 17, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

Mar 27, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 8 Minute Order sent to Juan Margil Pena Balderas. Notice of Change of Address due by 5/4/2026. (Deputy Clerk VLC)

#10

May 04, 2026

Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel

May 04, 2026

Service by Mail