Eastern District of California • 1:26-cv-02256

(HC) Diaz Durango v. Warden, Golden State Annex Detention Facility

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Case Information

Filed: March 23, 2026
Assigned to: Dena M. Coggins
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 17, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Robinson Daniel Diaz Durango. (Deputy Clerk VLK) (Entered: 03/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Robinson Daniel Diaz Durango. (Deputy Clerk VLK) (Entered: 03/24/2026)
Main Document: In Forma Pauperis
#3
Mar 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Robinson Daniel Diaz Durango. (Deputy Clerk VLK) (Entered: 03/24/2026)
Main Document: Temporary Restraining Order
#4
Mar 23, 2026
MOTION to APPOINT COUNSEL by Robinson Daniel Diaz Durango. (Deputy Clerk VLK) (Entered: 03/24/2026)
Main Document: Appoint Counsel
#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 11/6/2025, over 120 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 Count One of the 1 Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for a Preliminary Injunction. 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 Preliminary Injunction by 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, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in 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)
Mar 24, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Robinson Daniel Diaz Durango. (Text Only Entry) (Deputy Clerk CRS)
Mar 24, 2026
Service by Mail
Mar 24, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Mar 25, 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: 03/25/2026)
Main Document: CONSENT/DECLINE
#7
Mar 27, 2026
RETURN on 1 Petition for Writ of Habeas Corpus; OPPOSITION to 3 Motion for Temporary Restraining Order and Preliminary Injunction by Warden, Golden State Annex Detention Facility. (Andrews, Anthony) Modified on 4/8/2026 (HAH). (Entered: 03/27/2026)
Main Document: RETURN
#8
Apr 08, 2026
MINUTE ORDER issued by the Courtroom Dpeuty for District Judge Dena M. Coggins on April 8, 2026: In Respondents' 7 Opposition to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b), and they attempt to differentiate this case from the cases cited in the court's 5 Order, by arguing that Petitioner was arrested on a serious criminal charge and poses a danger to the public. (See Doc. No. 7 at 2.) Specifically, Respondents note that Petitioner was arrested on November 1, 2025, for Indecent Assault & Battery on a Person 14 Years or Over, and that immigration authorities detained Petitioner directly from jail based on that charge. (Id. at 2-3.) In Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026), this court found that where the Government asserts a viable reason for the Petitioner's re-detention, relief is properly limited to a bond hearing before an immigration judge. Here, Respondents have presented a viable changed circumstance warranting Petitioner's re-detention, i.e., his arrest for a serious crime, therefore Petitioner's relief is properly limited to a bond hearing before an immigration judge. Accordingly, pursuant to the court's reasoning in Calvillo, Petitioner's 3 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: Within fourteen (14) days of the date of this Order, Respondents shall provide Petitioner Robinson Daniel Diaz Durango (A-245-494-725) with a bond hearing before an immigration judge where Respondents shall bear the burden of establishing by clear and convincing evidence that Petitioner presents a danger to the community or flight risk if released thereby justifying his continued detention. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (See Doc. No. 7), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/08/2026)
Apr 08, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Apr 08, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 8, served on Robinson Daniel Diaz Durango. (Text Only Entry) (Deputy Clerk CRS)
Apr 08, 2026
Service by Mail
#9
Apr 10, 2026
REQUEST for HEARING by Robinson Daniel Diaz Durango re (#5) Minute Order. (Deputy Clerk AJB) (Entered: 04/10/2026)
Main Document: Request
#10
Apr 24, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 4/24/2026 GRANTING 2 Motion to Proceed IFP; ORDERING within 7 days of this order, respondents shall file a Status Report to confirm that petitioner received a bond hearing as ordered by the district court; Petitioner's response to respondents' return and opposition, if any, is due 10 days of this order. If petitioner does not file a response by this deadline, the petition will be deemed submitted, without any additional briefing; Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. Any change of address must be reported promptly to the court in a separate document captioned for this case and entitled "Notice of Change of Address." A notice of change of address must be properly served on other parties. Service of documents at the address of record for a party is fully effective. (Deputy Clerk RRB) (Entered: 04/24/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis
#11
Apr 24, 2026
STATUS REPORT by Warden, Golden State Annex Detention Facility. (Andrews, Anthony) (Entered: 04/24/2026)
Main Document: STATUS
Apr 24, 2026
Service by Mail
Apr 24, 2026
SERVICE BY MAIL: 10 Order served on Robinson Daniel Diaz Durango. (Deputy Clerk RRB)
#12
May 04, 2026
MOTION for IMMEDIATE RELEASE by Robinson Daniel Diaz Durango. (Deputy Clerk AJB) (Main Document 12 replaced on 5/5/2026) (AJB). (Entered: 05/05/2026)
Main Document: Miscellaneous Relief
#13
May 04, 2026
REPLY by Robinson Daniel Diaz Durango re 11 Opposition/Status Report. (Deputy Clerk AJB) (Entered: 05/05/2026)
Main Document: REPLY
#14
May 06, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/6/2026: Respondents shall file an Opposition or Statement of Non-Opposition to the 12 Motion for Immediate Release by 12:00 PM on 5/11/2026. Petitioner may file a Reply by 5/26/2026. 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: 05/06/2026)
May 06, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
May 06, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 14, served on Robinson Daniel Diaz Durango. (Text Only Entry) (Deputy Clerk CRS)
May 06, 2026
Service by Mail
#15
May 07, 2026
MOTION for BOND HEARING by Robinson Daniel Diaz Durango. (Deputy Clerk AJB) (Entered: 05/08/2026)
Main Document: Miscellaneous Relief
#16
May 09, 2026
MOTION to DISMISS and OPPOSITION to Motion for Immediate Release by Warden, Golden State Annex Detention Facility. (Andrews, Anthony) Modified on 5/11/2026 (KLY). (Entered: 05/09/2026)
Main Document: Dismiss
#17
Jun 02, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal
Jun 09, 2026
Service by Mail
Jun 09, 2026
Notice of Voluntary Dismissal
#19
Jun 17, 2026
Notice (Other)
Main Document: Notice (Other)