Eastern District of California • 2:26-cv-01111

#1

Mar 25, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Kevin Nehemias Gomez Juarez. (Deputy Clerk OML) (Entered: 03/25/2026)

#2

Mar 25, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kevin Nehemias Gomez Juarez. (Deputy Clerk OML) (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 OML) (Entered: 03/25/2026)

#4

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 respondent 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. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent 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. 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 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 Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), and J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (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: 03/25/2026)

Mar 25, 2026

RECEIPT number 200017945 for $5.00 for filing fee from Kevin Nehemias Gomez Juarez. (Deputy Clerk VLK)

Mar 25, 2026

Service by Mail

Mar 25, 2026

SERVICE BY MAIL: 4 Minute Order served on Kevin Nehemias Gomez Juarez. (Deputy Clerk PAB)

Mar 25, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Kevin Nehemias Gomez Juarez. (Deputy Clerk OML)

Mar 25, 2026

Minute Order

#5

Mar 26, 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: 03/26/2026)

#6

Mar 26, 2026

Opposition to Motion

#7

Mar 27, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/27/2026: (Text Only Entry); GRANTING 2 Motion for TRO.On 3/25/2026, petitioner, proceeding pro se, filed a motion for a temporary restraining order (Doc. No. 2 ). That same day, the court set a briefing schedule and directed respondents to address whether any provision of law or fact in this case would distinguish it from the circumstances addressed in this court's recent orders in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court. (Doc. No. 4 .) Here, petitioner entered the United States in 2019 and was detained by Immigration and Customs Enforcement ("ICE") on 11/15/2025. (Doc. No. 1 at 4.) On 3/26/2026, respondents filed their opposition (Doc. No. 6 ) to petitioner's motion. Therein, respondents state that they do not oppose treating the temporary restraining order as a motion for preliminary injunction, and they do not request a hearing on the latter motion. (Doc. No. 6 at 2.) Nonetheless, respondents have failed to address the above-cited cases in their opposition despite the court's direction to do so. (See Doc. No. 6.) The court will construe respondents' non-responsiveness as a concession that the instant case is not legally or factually distinguishable from Quichimbo-Jimenez, where the court concluded that the petitioner could not be detained pursuant to 8 U.S.C. § 1225(b) but only pursuant to 8 U.S.C. § 1226(a), and J.P.C., where the court determined the appropriate remedy was release. Accordingly, pursuant to the court's reasoning as stated in Quichimbo-Jimenez and J.P.C., petitioner's motion for a temporary restraining order (Doc. No. 6 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS the following: (1) respondents are ORDERED to immediately release petitioner from respondents' custody; (2) respondents are 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 pursuant to 8 U.S.C. § 1226(a). 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 ) is referred to Magistrate Judge Sean C. Riordan for further proceedings. (Deputy Clerk CAL) (Entered: 03/27/2026)

Mar 27, 2026

Minute Order AND Order on Motion for TRO

Mar 30, 2026

SERVICE BY MAIL: ECF No. 7, Minute Order served on Kevin Nehemias Gomez-Juarez. (Deputy Clerk KLY)

Mar 30, 2026

Service by Mail

Apr 06, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 3 Prisoner New Case Documents sent to Kevin Nehemias Gomez Juarez. Notice of Change of Address due by 5/14/2026. (Deputy Clerk VLC)

Apr 06, 2026

MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 4 Minute Order sent to Kevin Nehemias Gomez Juarez. Notice of Change of Address due by 5/14/2026. (Deputy Clerk VLC)

Apr 09, 2026

MAIL RETURNED as Undeliverable, Unable to Forward; Return to Sender: {7} Minute Order sent to Kevin Nehemias Gomez-Juarez 203-615-305. Notice of Change of Address due by 5/18/2026. (Deputy Clerk AMW)