Eastern District of California • 1:26-cv-02379

#1

Mar 27, 2026

PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Marcos Charles, Todd M. Lyons, Markwayne Mullin, Ronald Murray by CARLOS ENRIQUE GARCIA GIMENEZ. (Filing fee $ 5, receipt number ACAEDC-13101433) (Attachments: # 1 Exhibit EXHIBIT A - E, # 2 Civil Cover Sheet)(Bautista, Cynthia) (Entered: 03/27/2026)

#2

Mar 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by CARLOS ENRIQUE GARCIA GIMENEZ. (Attachments: # 1 TRO CHECKLIST, # 2 Proposed Order)(Bautista, Cynthia) (Entered: 03/27/2026)

#3

Mar 27, 2026

CERTIFICATE / PROOF of SERVICE by CARLOS ENRIQUE GARCIA GIMENEZ re 1 Petition for Writ of Habeas Corpus, 2 MOTION for TEMPORARY RESTRAINING ORDER. (Bautista, Cynthia) (Entered: 03/27/2026)

#4

Mar 27, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/27/2026)

#5

Mar 27, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/27/2026: 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, no later than Monday, 3/30/2026, by 5:00 PM, petitioner's counsel 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 Tuesday, 3/31/2026. 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 Hernandez Burruel v. Murray, No. 1:25-cv-01569-DAD-AC, 2025 WL 3240356 (E.D. Cal. Nov. 20, 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 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: 03/27/2026)

#6

Mar 27, 2026

CERTIFICATE / PROOF of SERVICE by Carlos Enrique Garcia Gimenez re 1 Petition for Writ of Habeas Corpus, 2 MOTION for TEMPORARY RESTRAINING ORDER, 5 Minute Order,,,,,,,,,. (Bautista, Cynthia) (Entered: 03/27/2026)

#7

Mar 27, 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: 03/27/2026)

Mar 27, 2026

Minute Order

#8

Mar 31, 2026

Notice (Other)

#9

Mar 31, 2026

Opposition to Motion

Mar 31, 2026

ACKNOWLEDGEMENT OF RECEIPT of 8 Compact Disc from United States of America. (Deputy Clerk RRB)

Apr 01, 2026

[DISREGARDED AS DUPLICATIVE ENTRY] ACKNOWLEDGEMENT OF RECEIPT of Compact Disc from Shelley Weger re 8 Notice of Lodging. [ROUTED TO THE FILE ROOM](Text only entry) (Deputy Clerk LMS) Modified on 4/2/2026 (LMS).

#10

Apr 02, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/2/2026: On 3/27/2026, petitioner, proceeding with counsel, filed a motion for temporary restraining order. (Doc. No. 2 .) On 3/31/2026, respondents filed an opposition. (Doc. No. 9 .) Respondents argue therein that, while petitioner is subject to discretionary detention pursuant to 8 U.S.C. § 1226(a), he is only entitled to a bond hearing and should therefore be required to exhaust his administrative remedies. (Id. at 4-7.) The court finds instructive the reasoning set forth in Kharitonova v. Albarran, No. 3:26-cv-01362-JSC, 2026 WL 531441 (N.D. Cal. Feb. 25, 2026), where the court ordered the immediate release of a petitioner who, as with petitioner in this case, had initially entered the U.S. on a visitor visa, applied for asylum, and resided in the country for years without incident long after the government failed to promptly re-detain her after her lawful presence status expired. As the district court in Kharitonova aptly stated in concluding that the petitioner had a protected liberty interest, "[a]lthough the government did not detain and then release her, it made a decision not to detain her in the first place; Petitioner thus has the same liberty interest in her continued freedom as an individual initially detained." Id. at *2. Accordingly, the court concludes that petitioner's detention violates due process and GRANTS the motion for temporary restraining order as follows: (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 where respondents 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 the case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The Clerk is directed to serve the Mesa Verde Detention Center with a copy of this order. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (cc:ICE-Mesa Verde) (Deputy Clerk PAB) (Entered: 04/02/2026)

Apr 02, 2026

Minute Order AND Order on Motion for TRO