Eastern District of California • 1:26-cv-02144

#1

Mar 18, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Samael Gonzalez Melendez. (Filing fee $ 5, receipt number ACAEDC-13054430) (Attachments: # 1 Exhibit Proof of Detention Location, # 2 Exhibit Notice to Appear, # 3 Exhibit ICE interim Guidance, # 4 Exhibit Unpublished BIA Decision, # 5 Exhibit The New Yorker article, # 6 Exhibit Substack article, # 7 Exhibit Guardian article, # 8 Exhibit PBS article, # 9 Exhibit NBC Bay Area article, # 10 Exhibit Law360 article, # 11 Exhibit MotherJones article, # 12 Exhibit The Guardian article, # 13 Exhibit Corey Lewandowski Tweet, # 14 Exhibit NYU School of Law article, # 15 Exhibit The Guardian article, # 16 Exhibit CBS article, # 17 Exhibit Clinic article, # 18 Exhibit AIC article, # 19 Exhibit Board of Immigration Appeals, # 20 Exhibit TRAC article, # 21 Exhibit Politico article, # 22 Exhibit The Atlantic article, # 23 Exhibit Final Judgement, # 24 Exhibit Class action certification, # 25 Exhibit Stay order, # 26 Exhibit In chambers order, # 27 Exhibit EOIR guidance, # 28 Exhibit Petitioner's Doctor's Letter)(Stanley, Slater) Modified on 3/24/2026 (HAH). (Entered: 03/18/2026)

#2

Mar 18, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Samael Gonzalez Melendez. (Attachments: # 1 Civil Cover Sheet Cover Sheet for parallel habeas action, # 2 Memorandum Points and Authorities for TRO, # 3 Exhibit ICE interim Guidance, # 4 Exhibit Proof of Detention Location, # 5 Exhibit Notice to Appear, # 6 Exhibit Feb 27 Email to ICE, # 7 Exhibit Feb 27 Email reply from ICE, # 8 Exhibit Feb 27 Email to DHS, # 9 Exhibit March 7 Expedite FOIA to ICE, # 10 Exhibit March 7 Auto Reply from ICE, # 11 Exhibit March 7 Email to ICE, # 12 Exhibit March 10 Email to ICE, # 13 Exhibit Immigration Court record of filings by parties, # 14 Exhibit Petitioner's Doctor's Letter)(Stanley, Slater) (Entered: 03/18/2026)

#3

Mar 18, 2026

CIVIL COVER SHEET by Samael Gonzalez Melendez. (Stanley, Slater) (Entered: 03/18/2026)

#4

Mar 18, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/18/2026)

#6

Mar 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 18, 2026: The Court has reviewed Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion for TRO by March 20, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the motion for TRO. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by March 23, 2026. The parties shall indicate in their briefing whether they are amenable to converting the motion for TRO 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: 03/18/2026)

#7

Mar 18, 2026

CERTIFICATE / PROOF of SERVICE by Samael Gonzalez Melendez. (Stanley, Slater) (Entered: 03/18/2026)

Mar 18, 2026

Minute Order

#8

Mar 20, 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: 03/20/2026)

#9

Mar 23, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 23, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The motion is unopposed. See L.R. 230(c). The Court has reviewed Petitioner's motion 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) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 094-449-319) 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. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by March 30, 2026. Petitioner may file a reply by April 3, 2026. The parties shall indicate whether they request a hearing. Petitioner shall immediately serve this Order on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/23/2026)

#10

Mar 23, 2026

CERTIFICATE / PROOF of SERVICE by Samael Gonzalez Melendez. (Stanley, Slater) (Entered: 03/23/2026)

Mar 23, 2026

Minute Order

#11

Mar 30, 2026

RESPONSE to ORDER to SHOW CAUSE (Motion to Dismiss and Response to Petition; Opposition to Preliminary Injunction) by Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit)(McDonald, Tracey) Modified on 3/31/2026 (KLY). (Entered: 03/30/2026)

#12

Mar 31, 2026

REPLY by Samael Gonzalez Melendez re 11 Response to Order to Show Cause,. (Marin, Jose) (Entered: 03/31/2026)

#13

Aug 06, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/6/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. ECF No. 9 . The court ordered respondent to show cause why the petition for writ of habeas corpus, ECF No. 1, should not be granted and judgment entered in favor of petitioner. ECF No. 9 . The parties briefed the issue. ECF Nos. 11 & 12 . The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. Each time I have addressed this issue, I have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated. Accordingly, I hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 9, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within fourteen days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 08/06/2026)

Aug 06, 2026

Findings and Recommendations

#14

Aug 24, 2026

MOTION for Leave to File Objections to Magistrate Judge's Findings and Recommendations Out of Time, re ECF No. 13, by Respondents. (McDonald, Tracey) Modified on 8/25/2026 (KLY). (Entered: 08/24/2026)

#15

Aug 24, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS filed on 8/6/2026 by Respondents . (McDonald, Tracey) Modified on 8/25/2026 (KLY). (Entered: 08/24/2026)

#16

Aug 27, 2026

REPLY by Samael Gonzalez Melendez re 15 Objections to Findings and Recommendations. (Marin, Jose) (Entered: 08/27/2026)

#17

Aug 28, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 8/27/2026 ADOPTING 13 The Findings and Recommendations in full; Respondents' Motion for Leave to File Late Objections Out of Time 14 is GRANTED. The Petition for Writ of Habeas Corpus 1 is GRANTED; Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days 9; notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration p roceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present; and The Clerk of Court is directed to enter judgment for Petitioner and close this case. CASE CLOSED. (Deputy Clerk LMS)

#18

Aug 28, 2026

JUDGMENT dated *8/28/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/27/2026. (Deputy Clerk LMS) (Entered: 08/28/2026)