Eastern District of California • 1:26-cv-02083

(HC)Romero v. Lyons

Completed

Case Information

Filed: March 16, 2026
Assigned to: Kirk E. Sherriff
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: August 13, 2026
Last Activity: August 21, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem by Jhony Antonio Romero. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk SSA) (Entered: 03/17/2026)
Main Document: Petition for Writ of Habeas Corpus
Mar 16, 2026
RECEIPT number 100007571 for $5.00 for Jhony Antonio Romero. (Deputy Clerk SSA)
#2
Mar 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction by Jhony Antonio Romero. (Deputy Clerk SSA) (Entered: 03/17/2026)
Main Document: Temporary Restraining Order
#3
Mar 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 03/17/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 17, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/17/2026: 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 the 2 motion for temporary restraining order. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, 801 F. Supp. 3d 1104 (E.D. Cal. 2025). On or before March 19, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Crispin M.C. v. Noem, J.A.C.P. v. Wofford and Lepe v. Andrews and justify denying the motion, or indicate the matter is not substantively distinguishable. Respondents shall state their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 2 motion. Pending the Court's decision, 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, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Entered: 03/17/2026)
Mar 17, 2026
Minute Order
Mar 17, 2026
Service by Mail
Mar 17, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Jhony Antonio Romero. (Deputy Clerk SSA)
#5
Mar 19, 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: 03/19/2026)
Main Document: CONSENT/DECLINE
#6
Mar 19, 2026
OPPOSITION by Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weger, Shelley) (Entered: 03/19/2026)
Main Document: Opposition to Motion
#7
Mar 19, 2026
CERTIFICATE / PROOF of SERVICE by Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem re 6 Opposition to Motion. Attorney Weger, Shelley D. added.. Attorney Weger, Shelley D. added as counsel of record. (Weger, Shelley) (Entered: 03/19/2026)
Main Document: Certificate / Proof of Service
#8
Mar 20, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/20/2026: The 2 motion for temporary restraining order is denied. Petitioner argues that he is entitled to a bond hearing under 8 U.S.C. § 1226(a). But he has already received at least one § 1226(a) bond hearing as recently as January 30, 2026, and the immigration judge denied bond after finding that petitioner was a flight risk and a danger. See Doc. 6-1. The Ninth Circuit has upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). To the extent petitioner seeks a second § 1226(a) bond hearing, that claim also fails in light of Rodriguez Diaz. See id. at 1207-14 (9th Cir. 2022) (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). Petitioner has therefore failed to demonstrate a likelihood of success on the merits of his claims. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (jv) (Entered: 03/20/2026)
Mar 20, 2026
Minute Order
#9
Mar 23, 2026
ORDER SETTING Briefing Schedule, signed by Magistrate Judge Stanley A. Boone on 3/23/2026. Within forty-five (45) days of the date of service of this order, Respondents may file a further brief on the merits of the habeas petition. Within thirty (30) days of the date of service of Respondents' brief (or the expiration of the time for Respondents to file their brief), Petitioner may file a further brief. (Deputy Clerk OFR) (Entered: 03/23/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
Mar 23, 2026
SERVICE BY MAIL: 9 Order served on Jhony Antonio Romero. (Deputy Clerk OFR)
Mar 23, 2026
Service by Mail
#10
May 18, 2026
REPLY in Support of Petition for Writ of Habeas Corpus by Jhony Antonio Romero (Deputy Clerk JPX) (Entered: 05/19/2026)
Main Document: REPLY
#11
Jun 29, 2026
MOTION for Status and to Expedite Ruling on Petition for Writ of Habeas Corpus by Jhony Antonio Romero. (Deputy Clerk LJB) (Entered: 06/30/2026)
Main Document: Miscellaneous Relief
#12
Jul 01, 2026
ORDER re: Case Status and DENYING 11 Motion to Expedite, signed by Magistrate Judge Stanley A. Boone on 7/1/2026. (Deputy Clerk OFR) (Entered: 07/01/2026)
Main Document: Order on Motion for Miscellaneous Relief
Jul 01, 2026
SERVICE BY MAIL: 12 Order served on Jhony Antonio Romero. (Deputy Clerk OFR)
Jul 01, 2026
Service by Mail
#13
Jul 13, 2026
Petitioner's NOTICE of Supplemental Authority and SUPPLEMENTAL Facts in Support of 1 Petition for Writ of Habeas Corpus by Jhony Antonio Romero. (Deputy Clerk LJB) (Entered: 07/15/2026)
Main Document: Notice (Other)
#19
Aug 04, 2026
LETTER to the Court from Fidel Romero Morelos. (Deputy Clerk ED) (Entered: 08/11/2026)
Main Document: LETTER
#14
Aug 06, 2026
ORDER DIRECTING Respondents to FILE Transcript or Recording of January 30, 2026 Bond Hearing signed by Magistrate Judge Stanley A. Boone on 8/6/2026. (Deputy Clerk SSA) (Entered: 08/06/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 06, 2026
SERVICE BY MAIL: 14 Order, served on Jhony Antonio Romero. (Deputy Clerk SSA)
Aug 06, 2026
Service by Mail
#15
Aug 07, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem re 14 . Date & Time 01/14/2026 09:00, Duration 00:16:04. File size [7.7 MB]. (Weger, Shelley) (Entered: 08/07/2026)
Main Document: DIGITAL
#16
Aug 07, 2026
DIGITAL AUDIO RECORDING of Custody Redetermination Hearing filed by Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem re 14 . Date & Time 07/01/2026 09:00, Duration 00:25:53. File size [12.4 MB]. (Weger, Shelley) (Entered: 08/07/2026)
Main Document: DIGITAL
#17
Aug 07, 2026
MOTION to Enforce the Court's March 17, 2026 Order 4 and to bring me back to this district, by Jhony Antonio Romero. (Deputy Clerk ED) (Entered: 08/10/2026)
Main Document: Miscellaneous Relief
#18
Aug 11, 2026
RESPONSE by Pam Bondi, Facility Administrator, California City Corrections Center, Todd M. Lyons, Kristi Noem to 17 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit 1 (removal order), # 2 Exhibit 2 (I-205))(Weger, Shelley) (Entered: 08/11/2026)
Main Document: RESPONSE
#20
Aug 12, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 8/12/2026: (Text Only Entry): On March 17, 2026, the court set a briefing schedule on petitioner's 2 motion for temporary restraining order and ordered that "[p]ending the Court's decision... respondents shall not transfer petitioner out of this District." Doc. 4. Petitioner moves to enforce this court's order prohibiting his transfer out of this district, see Doc. 17, but the court issued its decision denying the 2 motion for temporary restraining order on March 20, 2026. See Doc. 8. Petitioner's 17 motion to enforce is therefore denied. Additionally, petitioner subsequently became subject to a final order of removal and was removed from the country, see Doc. 18, which renders his petition moot as he is no longer detained. "For a habeas petition to continue to present a live controversy after the petitioner's release or deportation... there must be some remaining 'collateral consequence' that may be redressed by success on the petition." Abdala v. INS, 488 F.3d 1061, 1064 (9th Cir. 2007) (internal citation omitted). The petition in this case challenges only petitioner's detention. Petitioner has now been removed, and his removal "cur[es] his complaints about" his detention. Abdala, 488 F.3d at 1065. The petition no longer presents a live controversy and is therefore moot. See id. The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Deputy Clerk VMG) (Entered: 08/12/2026)
Aug 12, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
Aug 21, 2026
MAIL RETURNED as Undeliverable, Return to Sender, Not Deliverable as Addressed, Unable to Forward: 14 Order, sent to Petitioner at California City. (Deputy Clerk SSA)

Parties

(HC)Romero
Party
Lyons
Party