Eastern District of California • 1:26-cv-01981

(HC) Gomez Fajardo v. Lyons

Active

Case Information

Filed: March 12, 2026
Assigned to: Dena M. Coggins
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 11, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 11, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#8
Mar 11, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John A. Kronstadt and referred to Magistrate Judge Michael B. Kaufman, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (mza) [Transferred from cacd on 3/12/2026.] (Entered: 03/11/2026)
Main Document: Notice (Other)
#9
Mar 11, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#10
Mar 12, 2026
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA by Judge John A. Kronstadt. For the foregoing reasons, the Clerk of the Court for the United States District Court for the Central District of California, shall transfer this action forthwith to the United States District Court for the Eastern District of California. IT IS SO ORDERED.Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.) (SEE DOCUMENT FOR FURTHER DETAILS) (yl) [Transferred from cacd on 3/12/2026.] (Entered: 03/12/2026)
Main Document: Order AND Order AND ~Util - Terminate Civil Case
#11
Mar 12, 2026
Case Transferred In - District Transfer
Main Document: Case Transferred In - District Transfer
#12
Mar 12, 2026
CLERK'S NOTICE DIRECTING Attorney Omer Martin Quiroz to Petition for Admission to Practice in the Eastern District of California through Pacer.gov. (Deputy Clerk SSA) (Entered: 03/12/2026)
#13
Mar 12, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/16/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 03/12/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#14
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 a Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for a Temporary Restraining Order by 12:00 PM on 3/17/2026. Petitioner may file a Reply by 12:00 PM on 3/18/2026. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 3/13/2026. 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)
#15
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)
Main Document: CONSENT/DECLINE
Mar 12, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#16
Mar 13, 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: 03/13/2026)
Main Document: CONSENT/DECLINE
#17
Mar 13, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
#18
Mar 16, 2026
OPPOSITION TO 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Williams, Jonathan) (Docket Text Modified on 3/16/2026 by CRS.) (Entered: 03/16/2026)
Main Document: OPPOSITION
#19
Mar 16, 2026
REPLY to 18 Opposition to Motion for Temporary Restraining Order by Jairo Gomez Fajardo. (Quiroz, Omer) Modified on 3/19/2026 (KS). (Entered: 03/16/2026)
Main Document: REPLY
#20
Apr 08, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/8/2026: In Respondents' 18 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents argue that the court should deny Petitioner's Motion because Petitioner was already provided a bond hearing before an immigration judge at which Petitioner's request for release was denied. (Doc. Nos. 18 at 3-6; 18-2.) Petitioner contends that this bond hearing was inadequate because, based on the immigration judge's "reasoning," it appears that the immigration judge "improperly place[d] the burden on the detainee to prove that he deserves release." (Doc. No. 2 at 5.) Petitioner's argument is unavailing for two reasons. First, because where, as here, a noncitizen has not previously been detained by immigration authorities, the noncitizen bears the burden of demonstrating he is not a flight or safety risk in his initial bond hearing. See, e.g., Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948, at *6 (E.D. Cal. Feb. 23, 2026). Second, because Petitioner argues that the immigration judge's "reasoning" indicates that the wrong standard was applied, Petitioner challenges the sufficiency of evidence supporting the immigration judge's determination, an issue which is properly raised by appeal to the Board of Immigration Appeal. Loba L.M. v. D.A.L.M., No. 1:25-cv-00611-JLT-SAB, 2026 WL 710307, at *8 (E.D. Cal. Mar. 13, 2026). Petitioner additionally challenges his medical treatment while in immigration detention. (Doc. No. 2.) Claims relating to conditions of confinement are properly brought under a Bivens claim, not a habeas petition. See Shook v. Apker, 472 Fed. Appx. 702, 702-03 (9th Cir. 2012). Accordingly, Petitioner has not demonstrated a likelihood of success on his claim and 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 CRS) (Entered: 04/08/2026)
Apr 08, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
#21
Apr 09, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 04/09/2026. The court has reviewed petitioner's 17 Corrected Petition for Writ of Habeas Corpus and the filings in this action. If further briefing and evidence is needed, respondents may file an answer within fourteen days from the date of this order. Petitioner may file a traverse within seven days of the date an answer is filed or due. If no further briefing is filed, the matter will be deemed submitted. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/09/2026)
Apr 09, 2026
Minute Order
#22
Apr 10, 2026
Preliminary Injunction
Main Document: Preliminary Injunction
#23
Apr 21, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/21/2026: The court has reviewed Petitioner's 22 Motion for a Preliminary Injunction. Respondents shall file an Opposition or Statement of Non-Opposition to the 22 Motion for a Preliminary Injunction by 12:00 PM on 4/27/2026. Petitioner may file a Reply on or before 12:00 PM on 4/30/2026. 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: 04/21/2026)
#24
Apr 21, 2026
Opposition to Motion
Main Document: Opposition to Motion
#25
Apr 21, 2026
REPLY by Jairo Gomez Fajardo re 24 Opposition to Motion. (Attachments: # 1 Exhibit One-line denied bond order)(Quiroz, Omer) (Entered: 04/21/2026)
Main Document: REPLY
Apr 21, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#26
Apr 24, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 4/24/2026:On March 11, 2026, Petitioner filed a 2 Motion for a Temporary Restraining Order arguing that his March 2, 2026 bond hearing was "not supported by the record," and violated "Petitioner's Fifth Amendment right to due process because the Immigration Judge improperly shifted the burden of proof to the detainee." (Doc. No. 2 at 3.) On April 8, 2026, the court issued an 20 Order denying Petitioner's 2 Motion for a Temporary Restraining Order, finding that Petitioner "challenge[d] the sufficiency of evidence supporting the immigration judge's determination, an issue which is properly raised by appeal to the Board of Immigration Appeals." (Doc. No. 20.) On April 10, 2026, Petitioner filed the pending 22 Motion for a Preliminary Injunction in which he again challenges the sufficiency of the March 2, 2026 bond hearing, but clarifies that his argument "is not a mere disagreement with the Immigration Judge's weighing of evidence" or an "attempt to relitigate factual findings properly addressed through administrative appeal," but rather he "challenges the constitutional adequacy of the process itself--specifically, whether detention may be sustained in the complete absence of any evidentiary showing by the government." (Doc. No. 22 at 8.) Because the standard for issuing a temporary restraining order is "substantially identical" to the standard for issuing a preliminary injunction, Stuhlbard Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), and because a motion for reconsideration "may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation," Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000), Plaintiff's 22 Motion for a Preliminary Injunction improperly attempts to relitigate his 2 Motion for a Temporary Restraining Order without presenting any new facts or other permissible grounds for reconsideration. Accordingly, for the same reasons explained in the court's 20 Order denying Petitioner's Motion for a Temporary Restraining Order, Petitioner's 22 Motion for a Preliminary Injunction is DENIED. This matter is referred to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk JRW) (Entered: 04/24/2026)
Apr 24, 2026
Minute Order AND Order on Motion for Preliminary Injunction
Apr 29, 2026
Minute Order