Eastern District of California • 1:26-cv-02371

#1

Mar 27, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)

#2

Mar 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)

#3

Mar 27, 2026

MOTION for APPOINTMENT of COUNSEL by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)

#4

Mar 27, 2026

MOTION to EXPEDITE CONSIDERATION by Erick Fernando Luna Rivera. (Deputy Clerk OML) (Entered: 03/30/2026)

#5

Mar 30, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 03/30/2026)

#6

Mar 30, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/30/2026: 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 courts 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 respondents with a copy of the petition and motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys 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 Tuesday, 3/31/2026. In that opposition, respondents shall specify whether petitioner has been previously detained by immigration authorities and 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 (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026) or Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (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: 03/30/2026)

#7

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)

#8

Mar 30, 2026

OPPOSITION by Tae D. Johnson, Warden to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit I-213 Forms, # 2 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 03/30/2026)

Mar 30, 2026

RECEIPT number 100007693 for $5.00 from Erick Fernando Luna Rivera. (Deputy Clerk OML)

Mar 30, 2026

SERVICE BY MAIL: 6 Minute Order served on Erick Fernando Luna Rivera. (Deputy Clerk PAB)

Mar 30, 2026

Minute Order

Mar 30, 2026

SERVICE BY MAIL: 5 Prisoner New Case Documents served on Erick Fernando Luna Rivera. (Deputy Clerk OML)

Mar 30, 2026

Service by Mail

#9

Apr 01, 2026

ORDER signed by District Judge Dale A. Drozd on 03/31/26; DENYING 2 Motion for TRO, without prejudice to its refiling and GRANTING 3 Motion to Appoint Counsel. The matter is hereby REFERRED to the Federal Public Defender's Office of this district to determine if petitioner is financially eligible for appointment of counsel. Within 7 days of the date of service of this order, a notice shall be filed with the Court by the Federal Public Defender's Office regarding whether petitioner is financially eligible for appointment of counsel and, if so, identifying counsel to be appointed at petitioner's behalf. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk VLC)

#10

Apr 08, 2026

AMENDED ORDER signed by District Judge Dale A. Drozd on 4/8/2026 DENYING 2 Motion for TRO, without prejudice to its refiling and GRANTING 3 Motion to Appoint Counsel. The matter is hereby REFERRED to the Federal Public Defender's Office of this district to determine if petitioner is financially eligible for appointment of counsel. Within 30 days of the date of service of this order, a notice shall be filed with the Court by the Federal Public Defender's Office regarding whether petitioner is financially eligible for appointment of counsel and, if so, identifying counsel to be appointed at petitioner's behalf. (cc Federal Defender Habeas Appointment) (Deputy Clerk VLK)

Apr 08, 2026

Service by Mail

Apr 20, 2026

Service by Mail

#12

Apr 30, 2026

Petition for Writ of Habeas Corpus

Jul 13, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#16

Jul 28, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/27/2026 RECOMMENDING that the 12 First Amended Petition for Writ of Habeas Corpus be granted as follows: Respondents be ordered to immediately release petitioner from cust ody with the same conditions he was subject to prior to his detention on 1/21/2026. At the time of release respondents be ordered to return all of petitioner's documents and possessions and that respondents be ordered not to impose any additiona l restriction on petitioner unless it is determined to be necessary at a future pre-deprivation/custody hearing. It is FUTHER RECOMMENDED that respondents be enjoined and restrained from re-detaining petitioner unless they provide at least 7 days 9; written notice to petitioner and hold a pre-deprivation bond hearing before a neutral decision maker and, within 3 days of an order adopting findings and recommendations, respondents be required to file a notice of compliance confirming petitioner 's release and that the conditions of his supervision are the same as those to which he was subject prior to his detention. Referred to Judge Dale A. Drozd. Objections to these Findings and Recommendations are due within 3 days after being served with these Findings and Recommendations. (Deputy Clerk OML)

#17

Jul 29, 2026

Objections to Findings and Recommendations

#18

Jul 31, 2026

Notice (Other)

#19

Aug 05, 2026

ORDER signed by District Judge Dale A. Drozd on 8/5/2026 ADOPTING 16 Findings and Recommendations in full and GRANTING 12 First Amended Petition for Writ of Habeas Corpus as follows: Respondents are ORDERED to immediately release Petitioner Eric k Fernando Luna Rivera 201-544-771, from respondents' custody under the same conditions, if any, he was subject to prior to his re-detention on or about 1/21/2026. 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. CASE CLOSED. (cc ICE California City) (Deputy Clerk OML)

#20

Aug 05, 2026

Judgment