Eastern District of California • 2:26-cv-01045

#1

Mar 23, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Erik Ronaldo Osorto Rivera by Erik Ronaldo Osorto Rivera. (Deputy Clerk VLK) (Entered: 03/23/2026)

#2

Mar 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Erik Ronaldo Osorto Rivera. (Deputy Clerk VLK) (Entered: 03/23/2026)

#3

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 VLK) (Entered: 03/23/2026)

#4

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)

#5

Mar 23, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/23/2026: 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 courts 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 Attorneys 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 tomorrow, 3/24/2026. In that opposition, respondents shall specify whether petitioner has been previously detained by immigration authorities and substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions 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 Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026), 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 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: 03/23/2026)

Mar 23, 2026

RECEIPT number 200017882 for $5.00 for Erik Ronaldo Osorto Rivera. (Deputy Clerk LMS)

Mar 23, 2026

SERVICE BY MAIL: 5 Minute Order served on Erik Ronaldo Osorto Rivera. (Deputy Clerk PAB)

Mar 23, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Erik Ronaldo Osorto Rivera. (Deputy Clerk VLK)

Mar 23, 2026

Minute Order

Mar 23, 2026

Service by Mail

#6

Mar 24, 2026

Dismiss

#7

Mar 24, 2026

Answer to Petition for Writ of Habeas Corpus

#8

Mar 25, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/25/2026: On 3/23/2026, petitioner filed a motion for temporary restraining order wherein petitioner alleges that he entered the United States on 10/11/2023, and on 3/3/2026 ICE detained petitioner without any warning, paperwork, or legitimate reason. (Doc. No. 2 .) Also on 3/23/2026, the court set a briefing schedule on petitioner's pending motion and ordered respondent to substantively address whether any provision of law or fact in this case would distinguish it from the situations addressed by this court's decisions 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 Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026). (Doc. No. 5.) On 3/24/2026, respondent filed an opposition to petitioner's motion for temporary restraining order. (Doc. No. 7 .) Therein, respondent states that they "do not have legal arguments to distinguish this case from prior orders issued by the Court, nor do Respondents find material factual differences between this case and those identified by the Court." (Id. at 2.) Further, it is stated that respondent does not oppose converting petitioner's motion for temporary restraining order into a motion for preliminary injunction. (Id. at 1-2.) Pursuant to the court's reasoning as stated in Quichimbo-Jimenez, and Cardenas, petitioner's motion for a temporary restraining order is hereby CONVERTED into a motion for preliminary injunction and GRANTED as follows: (1) Respondent is ORDERED to immediately release petitioner from respondent's custody; and (2) Respondent is 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 respondent will have the burden of demonstrating by clear and convincing evidence that petitioner is a danger to the community or a flight risk. 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 ) and motion to dismiss (Doc. No. 6 ) are referred to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk PAB) (Entered: 03/25/2026)

Mar 25, 2026

Service by Mail

Mar 25, 2026

Minute Order AND Order on Motion for TRO

Mar 25, 2026

SERVICE BY MAIL: 8 Minute Order served on Erik Ronaldo Osorto Rivera. (Deputy Clerk PAB)

#9

Mar 30, 2026

Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#10

Mar 30, 2026

STATUS REPORT by Warden, California City Correctional Center. (Black, Lauren) (Entered: 03/30/2026)

Mar 30, 2026

SERVICE BY MAIL: 9 Order served on Erik Ronaldo Osorto Rivera. (Deputy Clerk VLC)

Mar 30, 2026

Service by Mail

Apr 06, 2026

MAIL RETURNED as Undeliverable, Released: 8 Minute Order sent to Erik Ronaldo Osorto Rivera. Notice of Change of Address due by 5/14/2026. (Deputy Clerk VLK)

Apr 06, 2026

MAIL RETURNED as Undeliverable, RTS: 3 Prisoner New Case Documents sent to Erik Ronaldo Osorto Rivera. Notice of Change of Address due by 5/14/2026. (Deputy Clerk VLK)

Apr 06, 2026

MAIL RETURNED as Undeliverable, Released: 5 Minute Order sent to Erik Ronaldo Osorto Rivera. Notice of Change of Address due by 5/14/2026. (Deputy Clerk VLK)