Eastern District of California • 2:26-cv-01148

#1

Mar 27, 2026

2241 PETITION for WRIT of HABEAS CORPUS against all Respondents by Ytalo Orihuela Pena. (Deputy Clerk LMS) (Entered: 03/27/2026)

#2

Mar 27, 2026

EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER by Ytalo Orihuela Pena. (Deputy Clerk LMS) (Entered: 03/27/2026)

#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 LMS) (Entered: 03/27/2026)

#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 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 Monday, 3/30/2026, 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 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 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 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)

Mar 27, 2026

Service by Mail

Mar 27, 2026

Minute Order

Mar 27, 2026

RECEIPT number 200017995 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)

Mar 27, 2026

SERVICE BY MAIL: 4 Minute Order served on Ytalo Orihuela Pena. (Deputy Clerk PAB)

Mar 27, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Ytalo Orihuela Pena. (Deputy Clerk LMS)

#5

Mar 30, 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: 03/30/2026)

#6

Mar 31, 2026

Extension of Time

#7

Mar 31, 2026

Certificate / Proof of Service

#8

Apr 01, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/1/2026: Having considered respondents' 6 motion for a three-day extension of time to file an opposition and good cause appearing, the court GRANTS respondents' 6 motion. Accordingly, respondents shall file an opposition by 4/3/2026 at 5 PM. (Deputy Clerk PAB) (Entered: 04/01/2026)

Apr 01, 2026

Service by Mail

Apr 01, 2026

Minute Order AND Order on Motion for Extension of Time

Apr 01, 2026

SERVICE BY MAIL: 8 Minute Order served on Ytalo Orihuela Pena. (Deputy Clerk PAB)

#9

Apr 03, 2026

OPPOSITION by Respondents Pamela Jo Bondi, Todd M. Lyons, Kristi Noem. (Hemesath, Audrey) (Entered: 04/03/2026)

#10

Apr 03, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/3/2026: On 3/27/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order. (Doc. No. 2 .) On 3/31/2026, respondents filed a motion for an extension of time to respond in which respondents indicated that petitioner has a final order of removal, has sought withholding of removal from his country of origin, and, as such, respondents requested "additional time to obtain a declaration and any supporting documents" regarding the third country removal process in this case. (Doc. No. 6 at 1.) On 4/1/2026, the court granted respondents' motion. (Doc. No. 8 .) On 4/3/2026, respondents filed a supplemental response in which they have indicated that they "have no additional information to offer the Court about a possible third country placement at this time" and "submit to the Court on the existing record." (Doc. No. 9 at 1.) Petitioner, a native and citizen of Peru, entered the U.S. on or about 12/16/2023, was apprehended by immigration officials, and released into this country. Petitioner contends that he has valid employment authorization through 2028, has no criminal history, is not subject to a final order of removal, and has complied with all requirements imposed on him by immigration officials. Petitioner further alleges that on 2/2/2026, he was re-detained by immigration officials when he voluntarily presented himself in person for a routine appointment as directed. There is no indication that petitioner was provided prior notice or an explanation for his re-detention. While respondents have indicated that petitioner has been ordered removed, respondents have submitted no evidence to support this contention. Accordingly, having considered the circumstances surrounding petitioner's detention, the court finds instructive the reasoning outlined in the court's prior order Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), adopts the reasoning outlined therein, and GRANTS petitioner's motion for temporary restraining order as follows: (1) respondents are ORDERED to immediately release petitioner, A# 249-025-686, from respondents' custody under the same conditions, if any, he was subject to prior to his re-detention on or about 3/16/2026; and (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner is either a danger or flight risk by clear and convincing evidence. Respondents are DIRECTED to file a notice of compliance with this order within three (3) days from the date of petitioner's release. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). The Clerk of the Court is directed to serve California City Corrections Center with a copy of this order. Petitioner is directed to file any motion for a preliminary injunction within 14 days from the date of entry of this order. Respondents may file an opposition to any motion for preliminary injunction within five (5) days from the date of filing of any such order. (cc: ICE-California City) (Deputy Clerk PAB) (Entered: 04/03/2026)

Apr 03, 2026

Minute Order AND Order on Motion for TRO

Apr 03, 2026

SERVICE BY MAIL: 10 Minute Order served on Ytalo Orihuela Pena. (Deputy Clerk PAB)

Apr 03, 2026

Service by Mail