Eastern District of California • 2:26-cv-01108

#1

Mar 25, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Gerson Stewart Quimbayo Diaz. (Deputy Clerk RRB) (Entered: 03/25/2026)

#2

Mar 25, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Gerson Stewart Quimbayo Diaz. (Deputy Clerk RRB) (Entered: 03/25/2026)

#3

Mar 25, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 03/25/2026)

#4

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)

#5

Mar 25, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/25/2026: 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 court's 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. Further, in light of petitioner's pro se status, no later than tomorrow, 3/26/2026, by 5:00 PM, the Clerk of the Court is DIRECTED (1) 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 Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov; and (2) to promptly file proof of such service on the docket. 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 on Friday, 3/27/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to supplement their opposition with supporting documentation regarding petitioner's immigration history and previous contacts with immigration officials. Finally, respondents are directed 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: 03/25/2026)

Mar 25, 2026

RECEIPT number 200017951 for $5.00 for filing fee from Gerson Stewart Quimbayo Diaz. (Deputy Clerk VLK)

Mar 25, 2026

SERVICE BY MAIL: 5 Minute Order served on Gerson Stewart Quimbayo Diaz. (Deputy Clerk PAB)

Mar 25, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Gerson Stewart Quimbayo Diaz. (Deputy Clerk RRB)

Mar 25, 2026

Minute Order

Mar 25, 2026

Service by Mail

#6

Mar 27, 2026

RESPONSE to 3/25/2026 Minute Order; Motion to Dismiss Petition by Warden. Attorney Hemesath, Audrey Benison added. (Hemesath, Audrey) Modified on 3/30/2026 (KLY). (Entered: 03/27/2026)

#7

Mar 30, 2026

EXHIBIT to 6 Response by Warden. (Hemesath, Audrey) Modified on 3/30/2026 (KLY). (Entered: 03/30/2026)

#8

Mar 30, 2026

Certificate / Proof of Service

#9

Mar 30, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/30/2026: On 3/25/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order. (Doc. No. 2 .) On 3/27/2026, respondent filed an opposition to the pending motion. (Doc. No. 6 .) Respondent has argued therein that petitioner is an "applicant for admission" so detention is mandated pursuant to 8 U.S.C. §1225(b)(1) and he is not entitled to "additional due process beyond that provided by Congress in the statute." (Id. at 1-2.) It is undisputed that petitioner entered the United States in 2022, encountered border patrol officials, and was released into the country. On 2/1/2026, petitioner was arrested for driving on a suspended license, and was subsequently transferred to the custody of immigration officials. There is no indication that he was provided with prior notice or an opportunity to be heard before being re-detained by immigration officials and remains in immigration custody. Having considered the circumstances of petitioner's detention and the parties' arguments, the court finds persuasive the reasoning outlined in A.I.J.P. v. Chestnut, No. 1:26-cv-01604-DJC-CKD, 2026 WL 670352, at *1-2 (E.D. Cal. Mar. 10, 2026) where the court held that re-detaining petitioner under such circumstances without notice or a hearing violated due process. Respondent has not distinguished this case from the court's prior order in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), despite the court's invitation to do so. The court construes defendant's non-responsiveness as a concession that this case is not meaningfully distinguishable from Ayala Cajina. Under these circumstances, the court concludes that the appropriate remedy to be petitioner's immediate release from respondent's custody. Che v. Warden, No. 2:26-cv-00770-DAD-JDP, 2026 WL 688846, at *2 (E.D. Cal. Mar. 11, 2026) (ordering the immediate release of the petitioner where local law enforcement detained them at a traffic-related incident and transferred them into the custody of immigration officials). Accordingly, petitioner's motion for temporary restraining order is 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 hearing before an immigration judge where respondent will have the burden of establishing that petitioner is a danger or flight risk by clear and convincing evidence. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rules of Civil Procedure 65(c). Petitioner is directed to file a motion for preliminary injunction within 14 days from the date of entry of this order. Respondent shall file an opposition to any motion for preliminary injunction within five (5) days from the date of filing of any such motion. (Deputy Clerk PAB) (Entered: 03/30/2026)

Mar 30, 2026

SERVICE BY MAIL: 9 Minute Order served on Gerson Stewart Quimbayo Diaz. (Deputy Clerk PAB)

Mar 30, 2026

Service by Mail

Mar 30, 2026

Minute Order AND Order on Motion for TRO

Apr 10, 2026

MAIL RETURNED as Undeliverable, RTS: 9 Minute Order sent to Gerson Stewart Quimbayo Diaz. Notice of Change of Address due by 5/18/2026. (Deputy Clerk VLK)