Eastern District of California • 2:26-cv-01151

#1

Mar 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Beraldo De Jesus Alvarado Alvarado. (Deputy Clerk RRB) (Entered: 03/27/2026)

#2

Mar 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Beraldo De Jesus Alvarado Alvarado. (Deputy Clerk RRB) (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 RRB) (Entered: 03/27/2026)

#4

Mar 27, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 3/27/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 4/1/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 4/16/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 03/27/2026)

Mar 27, 2026

Service by Mail

Mar 27, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Beraldo De Jesus Alvarado Alvarado. (Deputy Clerk RRB)

Mar 27, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Mar 27, 2026

SERVICE BY MAIL: 4 Minute Order served on Beraldo De Jesus Alvarado Alvarado. (Deputy Clerk JRW)

Mar 27, 2026

RECEIPT number 200017998 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)

#5

Mar 31, 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: 03/31/2026)

#6

Apr 01, 2026

Opposition to Motion

#7

Apr 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on April 6, 2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to detention under 8 U.S.C. § 1225(b) and differentiate this case from the cases cited by the court's 4 Order by noting that Petitioner has been arrested three times for driving without a license. (See Doc. No. 6 at 2.) The last of these violations occurred immediately before Petitioner's re-detention. (Id.) Accordingly, Respondents argue that this case is substantially similar to Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026), in which this court found that the Government had presented a viable reason for Petitioner's re-detention and limited relief to a bond hearing before an immigration judge. (See Doc. No. 6 at 4-6.) Respondents have presented a viable reason for Petitioner's re-detention, therefore, as in Calvillo, the proper remedy for Respondents' failure to provide Petitioner with a pre-deprivation bond hearing is a post-deprivation bond hearing before an immigration judge. Respondents additionally argue that Petitioner should bear the burden of proof in any bond hearing. (See Doc. No. 6 at 6-7.) However, where a noncitizen has previously been released from ICE detention, the Government properly bears the burden of demonstrating by clear and convincing evidence why the noncitizen's re-detention is warranted. See Selis Tinoco, 2025 WL 3567862. Accordingly, pursuant to the court's reasoning in Calvillo, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: Within fourteen (14) days of the date of this Order, Respondents shall provide Petitioner Beraldo de Jesus Alvarado Alvarado (A-208-746-989) with a bond hearing before an immigration judge where Respondents shall bear the burden of establishing by clear and convincing evidence that Petitioner presents a danger to the community or flight risk if released thereby justifying his continued detention. Moreover, in light of Respondents' non-opposition to treating Petitioner's Motion for a Temporary Restraining Order as a Motion for Preliminary Injunction (See Doc. No. 6 at 3), and given that the standard for issuing a Temporary Restraining Order is "substantially identical" to the standard for issuing a Preliminary Injunction, Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001), the court hereby ISSUES a Preliminary Injunction on the same terms. This case is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/06/2026)

Apr 06, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

Apr 06, 2026

Service by Mail

Apr 06, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Beraldo De Jesus Alvarado Alvarado. (Text Only Entry) (Deputy Clerk CRS)

#8

Apr 14, 2026

Order

Apr 14, 2026

SERVICE BY MAIL: 8 Order served on Beraldo De Jesus Alvarado Alvarado. (Deputy Clerk KLY)

Apr 14, 2026

Service by Mail

#9

Apr 19, 2026

NOTICE OF ELECTION by Warden. (Attachments: # 1 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 04/19/2026)