Eastern District of California • 1:26-cv-02245
(HC) Draky Arevalo v. Warden
Active
Case Information
Filed: March 23, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 27, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Francy Draky Arevalo. (Attachments: # 1 Declaration) (Deputy Clerk RRB) (Entered: 03/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 23, 2026
MOTION to APPOINT COUNSEL by Francy Draky Arevalo. (Deputy Clerk RRB) (Entered: 03/24/2026)
Main Document:
Appoint Counsel
#3
Mar 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Francy Draky Arevalo. (Deputy Clerk RRB) (Entered: 03/24/2026)
Main Document:
Temporary Restraining Order
Mar 23, 2026
RECEIPT number 7642 for $5.00 for filing fee from Francy Draky Arevalo. (Deputy Clerk RRB)
#4
Mar 24, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 HC - Litigant Letter) (Deputy Clerk RRB) (Entered: 03/24/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#5
Mar 24, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/24/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for a Temporary Restraining Order. In that Motion, Petitioner states he was detained on 9/27/2025, over five months before filing that Motion. Petitioner does not explain why he did not seek injunctive relief sooner. Notably, Local Rule 231(b) states: "In considering a motion for a temporary restraining order, the Court will consider whether the applicant could have sought relief by motion for preliminary injunction at an earlier date without the necessity for seeking last-minute relief by motion for temporary restraining order." Because Petitioner's 3 Motion for a Temporary Restraining Order is untimely, the court will CONVERT that Motion to a 3 Motion for Preliminary Injunction. Further, the court has previously addressed the legal issues raised by the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 3/27/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 4/10/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/24/2026)
#6
Mar 24, 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: 03/24/2026)
Main Document:
CONSENT/DECLINE
Mar 24, 2026
Service by Mail
Mar 24, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Mar 24, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Francy Draky Arevalo. (Deputy Clerk RRB)
Mar 24, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Francy Draky Arevalo. (Text Only Entry) (Deputy Clerk CRS)
#7
Mar 27, 2026
Dismiss
Main Document:
Dismiss
#8
Mar 27, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Mar 27, 2026
Minute Order AND Order on Motion for TRO
Mar 27, 2026
Service by Mail
Parties
(HC) Draky Arevalo
Party
Warden
Party