Eastern District of California • 1:26-cv-02225

(HC) Cruz-Zepeda v. Warden, Mesa Verde Detention Center

Active

Case Information

Filed: March 23, 2026
Assigned to: Troy Lynne Nunley
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 23, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden Mesa Verde Detention Center by Brayan Josue Cruz-Zepeda. (Filing fee $ 5, receipt number ACAEDC-13072776) (Juarez, Nancy) (Entered: 03/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Brayan Josue Cruz-Zepeda. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 03/23/2026)
Main Document: Temporary Restraining Order
#3
Mar 23, 2026
CLERK'S NOTICE to Attorney Nancy Juarez re 1 Petition for Writ of Habeas Corpus: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk EF) (Entered: 03/23/2026)
#4
Mar 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/23/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
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 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/or 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# 246-170-595] 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 27, 2026. Petitioner may file a reply by April 3, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/23/2026)
#6
Mar 23, 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: 03/23/2026)
Main Document: CONSENT/DECLINE
Mar 23, 2026
Minute Order AND Order on Motion for TRO
#7
Mar 24, 2026
CIVIL COVER SHEET filed by Brayan Josue Cruz-Zepeda. (Juarez, Nancy) (Entered: 03/24/2026)
Main Document: CIVIL
#8
Mar 25, 2026
CERTIFICATE / PROOF of SERVICE by Brayan Josue Cruz-Zepeda. (Juarez, Nancy) (Entered: 03/25/2026)
Main Document: Certificate / Proof of Service
#9
Mar 27, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS and Motion to Dismiss as moot by Respondents. (Black, Lauren) Modified on 3/30/2026 (KLY). (Entered: 03/27/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#10
Mar 27, 2026
MOTION to DISMISS All Respondents Other Than Petitioner's Immediate Custodian by Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement. (Black, Lauren) Modified on 3/30/2026 (KLY). (Entered: 03/27/2026)
Main Document: Dismiss
#11
Mar 27, 2026
REPLY by Brayan Josue Cruz-Zepeda re 9 Answer to Petition for Writ of Habeas Corpus. (Juarez, Nancy) (Entered: 03/27/2026)
Main Document: REPLY
#14
Jun 22, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 6/19/2026 GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus; Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitu tional protections, including 7-days' notice and a pre-deprivation hearing before a neutral fact-finder where: Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably f oreseeable future, or Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public and/or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitution ally protected interest in remaining free from detention. See Zadvydas, 533 U.S. at 690; Hernandez, 872 F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present and DENYING Respondents' 10 Motion to Dismiss. (cc ICE Mesa Verde) CASE CLOSED (Deputy Clerk RRB)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
#15
Jun 22, 2026
Judgment
Main Document: Judgment

Parties

(HC) Cruz-Zepeda
Party
Warden, Mesa Verde Detention Center
Party