Eastern District of California • 2:26-cv-00856

#1

Mar 12, 2026

2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Kenin Steven Almendarez-Zevallos. (Deputy Clerk JAW) (Entered: 03/12/2026)

#2

Mar 12, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kenin Steven Almendarez-Zevallos. (Deputy Clerk JAW) (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 JAW) (Entered: 03/12/2026)

#4

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

Service by Mail

Mar 12, 2026

RECEIPT number 200017664 for $5.00 for Filing Fee from Kenin Steven Almendarez-Zevallos. (Deputy Clerk VLC)

Mar 12, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Kenin Steven Almendarez-Zevallos. (Deputy Clerk JAW)

#5

Mar 13, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/13/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Tuesday, 3/17/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), or Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/13/2026)

Mar 13, 2026

Minute Order

Mar 13, 2026

Service by Mail

Mar 13, 2026

SERVICE BY MAIL: 5 Minute Order served on Kenin Steven Almendarez-Zevallos. (Deputy Clerk PAB)

#6

Mar 17, 2026

Opposition to Motion

#7

Mar 19, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 3/19/2026: On 3/12/2026, petitioner, proceeding pro se, filed a motion for a temporary restraining order (Doc. No. 2 ). On 3/13/2026, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish this case from the circumstances addressed in this court's recent decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK, 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court. (Doc. No. 5 .) Here, petitioner entered the United States on 6/19/2023 and was released and served with a Notice to Appear for removal proceedings that same day. (Doc. Nos. 1 at 1; [6-1] at 1.) Petitioner was re-detained by Immigration and Customs Enforcement on 2/12/2026. (Doc. No. 1 at 2.) On 3/17/2026, respondents filed their opposition (Doc. No. 6 ) to petitioner's motion. Respondents concede therein that "there are no significant factual or legal issues in this case that materially distinguish it from the cases identified in the Order." (Doc. No. 6 at 1.) Respondents also state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Id.) Accordingly, pursuant to the court's reasoning as stated in Perez, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) respondents are ORDERED to immediately release petitioner from respondents' custody on the same conditions he was subject to immediately prior to his 2/12/2026 re-detention; (2) respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondents will have the burden to demonstrate a change in circumstances justifying petitioner's re-detention. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Sean C. Riordan for further proceedings. (Deputy Clerk JRM) (Entered: 03/19/2026)

Mar 19, 2026

Service by Mail

Mar 19, 2026

SERVICE BY MAIL: 7 Minute Order served on Kenin Steven Almendarez-Zevallos. (Deputy Clerk JRM)

Mar 19, 2026

Minute Order AND Order on Motion for TRO