Eastern District of California • 2:26-cv-01154

(HC) Martinez v. Warden

Active

Case Information

Filed: March 27, 2026
Assigned to: Dale Alan Drozd
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 09, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 27, 2026
PETITION for WRIT of HABEAS CORPUS against Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden by German Polanco Martinez. (Deputy Clerk AMW) (Entered: 03/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by German Polanco Martinez. (Deputy Clerk AMW) (Entered: 03/27/2026)
Main Document: Temporary Restraining Order
#3
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 AMW) (Entered: 03/27/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 27, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for 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 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 respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Tuesday, 3/31/2026. In that opposition, respondent 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, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes 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)
#5
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)
Main Document: CONSENT/DECLINE
Mar 27, 2026
RECEIPT number 200018001 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)
Mar 27, 2026
SERVICE BY MAIL: 4 Minute Order served on German Polanco Martinez. (Deputy Clerk PAB)
Mar 27, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on German Polanco Martinez. (Deputy Clerk AMW)
Mar 27, 2026
Minute Order
Mar 27, 2026
Service by Mail
#6
Mar 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Pamela Jo Bondi,Jonathan Williams, GOVT for Todd M. Lyons,Jonathan Williams, GOVT for Kristi Noem,Jonathan Williams, GOVT for Warden, attorney Tracey McDonald, GOVT terminated (Williams, Jonathan) (Entered: 03/31/2026)
Main Document: DESIGNATION
#7
Mar 31, 2026
Opposition to Motion
Main Document: Opposition to Motion
#8
Apr 02, 2026
Opposition to Motion
Main Document: Opposition to Motion
#9
Apr 08, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/8/2026: On 3/27/2026 petitioner, proceeding pro se, filed petition for writ of habeas corpus (Doc. No. 1 ) and a motion for temporary restraining order (Doc. No. 2 ). On 3/31/2026, respondents filed an opposition to petitioner's motion for a temporary restraining order. (Doc. No. 7 .) Petitioner has a pending appeal of his removal order before the Ninth Circuit. (Doc. Nos. 1 at 2; [7-3] at 1-7.) On 10/22/2025, the Ninth Circuit issued a temporary stay of petitioner's removal until further order of the court. (Doc. No. [7-3] at 4.) On 3/3/2026 petitioner's request to stay his removal pending appeal was denied by the Ninth Circuit. (Doc. No. [7-3] at 5-6.) It therefore appears that petitioner's removal order became final on 3/3/2026 and he is subject to mandatory detention during the removal period, which extends 90 days from the date of the final removal order. 8 U.S.C. § 1231(a)(2) ("During the removal period, the Attorney General shall detain the alien."); Johnson v. Guzman Chavez, 594 U.S. 523, 533 n. 5 (2021) (explaining that the removal period begins, as relevant here, when the removal order "becomes administratively final," or a court issues an "order lifting a stay"). The court concludes that petitioner is therefore not likely to succeed on the merits of his claim that he is unlawfully detained in violation of 8 U.S.C. § 1226(a) (Doc. No. 1 at 7), because it appears that he is now being detained pursuant to 8 U.S.C. § 1231(a). Further, petitioner is not likely to succeed on his claim that his detention violates due process pursuant to the holding in Zadvydas v. Davis, 533 U.S. 678 (2001) (Doc. No. 1 at 8), because nothing before the court suggests that petitioner's detention has become prolonged, is indefinite, or that his removal is not reasonably foreseeable. Petitioner's motion for temporary restraining order (Doc. No. 2 ) is DENIED without prejudice to its renewal if appropriate based upon any new or additional information that becomes available. The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Edmund F. Brennan for further proceedings. (Deputy Clerk PAB) (Entered: 04/08/2026)
Apr 08, 2026
Service by Mail
Apr 08, 2026
Minute Order AND Order on Motion for TRO
Apr 08, 2026
SERVICE BY MAIL: 9 Minute Order served on German Polanco Martinez. (Deputy Clerk PAB)
#10
Apr 09, 2026
Amend the Judgment
Main Document: Amend the Judgment