Eastern District of California • 2:26-cv-00914

#1

Mar 16, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Luis Armando Zambrano Rodriguez. (Deputy Clerk KML) (Entered: 03/16/2026)

#2

Mar 16, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Luis Armando Zambrano Rodriguez. (Deputy Clerk KML) (Entered: 03/16/2026)

#3

Mar 16, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 03/16/2026)

#4

Mar 16, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/16/2026: 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 Wednesday, 3/18/2026. 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. The court notes that petitioner's 1 petition for writ of habeas corpus requests either a bond hearing compliant with 8 U.S.C. § 1226(a) or immediate release. In the interest of judicial economy, respondents are DIRECTED to indicate in their opposition whether they oppose either of these requests, whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction, and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/16/2026)

Mar 16, 2026

RECEIPT number 200017733 for $5.00 for Filing Fee from Luis Armando Zambrano Rodriguez. (Deputy Clerk VLC)

Mar 16, 2026

Minute Order

Mar 16, 2026

Service by Mail

Mar 16, 2026

SERVICE BY MAIL: 4 Minute Order served on Luis Armando Zambrano Rodriguez. (Deputy Clerk PAB)

#5

Mar 17, 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: 03/17/2026)

#6

Mar 23, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/23/2026: On 3/16/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order. (Doc. No. 2 .) That same day, the court issued an order directing respondents to file an opposition to petitioner's motion by 5:00 PM on Wednesday, 3/18/2026. (Doc. No. 4 .) The court directed respondents to indicate in their opposition whether they opposed petitioner's requests, made in his habeas petition, for immediate release or a bond hearing. (Id) The Clerk of the Court emailed petitioner's petition for writ of habeas corpus (Doc. No. 1 ), motion for a temporary restraining order (Doc. No. 2 ), and the court's minute order (Doc. No. 4 ) to respondents at usacae.ecf2241-imm@usdoj.gov. On 3/17/2026, respondents' counsel filed an unrelated form on the docket indicating that counsel was aware of the pendency of this case. (Doc. No. 5 .) Nonetheless, to date, respondents have failed to file an opposition as directed. A review of the evidence submitted by petitioner reveals that, petitioner, a 69-year-old man, entered the United States on 12/10/2023. (Doc. No. 1 at 5.) He was detained by immigration authorities on 1/16/2026 after he missed an immigration court hearing the previous day due to a medical emergency. (Id. at 2, 5.) Petitioner has not received a bond hearing since his detention. (Id. at 6.) It is unclear from petitioner's filings whether he has been previously detained by immigration authorities. In light of the lack of an opposition and due to respondents' failure to provide petitioner with a statutorily mandated bond hearing, the court infers that respondents purportedly detained petitioner pursuant to § 1225(b). The court therefore incorporates its reasoning 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), and concludes that petitioner cannot be detained pursuant to 8 U.S.C. § 1225(b) but only pursuant to 8 U.S.C. § 1226(a). Moreover, the court incorporates its reasoning in Cardenas v. Chestnut, et al, No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026) and J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026) and finds that the appropriate remedy is immediate release where respondents have failed to provide a lawful detention authority for petitioner's detention. Accordingly, the court GRANTS petitioner's motion for temporary restraining order as follows: (1) Respondents are ORDERED to immediately release petitioner from respondents' custody; (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioners notice and a pre-detention hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a); and (3) Respondents shall file a status report in this case confirming that petitioner has been released no later than 3/26/2026 at 5:00 PM. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 03/23/2026)

Mar 23, 2026

Service by Mail

Mar 23, 2026

SERVICE BY MAIL: 6 Minute Order served on Luis Armando Zambrano Rodriguez. (Deputy Clerk PAB)

Mar 23, 2026

Minute Order AND Order on Motion for TRO