Eastern District of California • 1:26-cv-02002

#1

Mar 12, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pamela Bondi, Todd M. Lyons, Kristi Noem, Minga Wofford by Carlos Andres Gutierrez Leon. (Filing fee $ 5, receipt number ACAEDC-13026446) (Attachments: # 1 Civil Cover Sheet)(Baroudi, Lina) (Entered: 03/12/2026)

#2

Mar 12, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Carlos Andres Gutierrez Leon. (Attachments: # 1 Notice TRO Checklist, # 2 Declaration of Lina Baroudi, # 3 Proposed Order)(Baroudi, Lina) (Entered: 03/12/2026)

#3

Mar 12, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/16/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/12/2026)

#4

Mar 12, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 12, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for Temporary Restraining Order by March 16, 2026. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 17, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for temporary restraining order into a motion for preliminary injunction. The parties shall also indicate whether they request a hearing on the motion. In the meantime, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). TODAY, Petitioner's counsel shall serve a copy of this minute order, along with Petitioner's A# and all documents filed in this case to date, on the U.S. Attorney's Office via email at usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/12/2026)

#5

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

#6

Mar 16, 2026

RESPONSE by Sergio Albarran, Pamela Bondi, Todd Lyons, Kristi Noem, Minga Wofford to 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus, 4 Minute Order,,,,,. Attorney Yu, Jonathan added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 03/16/2026)

#7

Mar 17, 2026

REPLY by Cristian Andres Gutierrez Leon re 6 Response,. (Baroudi, Lina) (Entered: 03/17/2026)

#8

Apr 16, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 16, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents filed an opposition. (ECF No. 6 .) Petitioner replied. (ECF No. 7 .) The Court has reviewed the parties' briefs 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) serious questions as to his claims that Respondents violated the Fifth Amendment Due Process Clause for failure to provide a bond hearing; (2) Petitioner will suffer irreparable harm in the absence of an injunction; (3) the balance of equities tip sharply in Petitioner's favor; and (4) an injunction is in the public interest. The Court has repeatedly ruled on the many of the issues in this case. See, e.g., Pablo Antonio C. C. v. Warden of California City Corr. Ctr., No. 2:26-CV-00958-TLN-DMC, 2026 WL 808055, at *5 (E.D. Cal. Mar. 24, 2026) (due process required notice and a pre-deprivation hearing); Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025) (rejecting Respondents' arguments as to the applicability of 8 U.S.C. 1225(b)(2) authority to persons like Petitioner). Additionally, as to 8 U.S.C. 1226(c) detention authority, "courts have construed the Laken Riley Act to apply only where an individual is currently charged with or arrested for the enumerated crimes, and concluding mandatory detention is not required when charges are never filed... or where an individual has been acquitted" to avoid due process concerns. Singh v. Chestnut, No. 1:26-CV-00546-DJC-AC, 2026 WL 266021, at *2 (E.D. Cal. Feb. 2, 2026). Here, Respondents do not dispute that there are no charges pending against Petitioner, nor were there any charges pending against Petitioner when he was detained at his ICE check-in. Respondents also do not engage with Petitioner's as-applied due process claim. Accordingly, the Court GRANTS Petitioner's motion. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 240-339-576) 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 before a neutral fact-finder where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. Respondents are ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner by April 22, 2026. If no additional briefing is filed, the Court will presume Respondents rest on ECF No. 6 . Petitioner may file a reply by April 28, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court shall serve a copy of this Order on the Mesa Verde Detention Center. SO ORDERED. (TEXT ONLY ENTRY) (cc: Mesa Verde) (Deputy Clerk MDK) (Entered: 04/16/2026)

Apr 16, 2026

Minute Order AND Order on Motion for TRO

#9

Apr 20, 2026

Notice (Other)