Eastern District of California • 1:26-cv-02408

#1

Mar 30, 2026

PETITION for WRIT of HABEAS CORPUS against Blanca G Lopez by Blanca G Lopez. (Filing fee $ 5, receipt number ACAEDC-13107178) (Cummings, Robert) (Entered: 03/30/2026)

#2

Mar 30, 2026

CIVIL COVER SHEET filed by Blanca G Lopez. (Cummings, Robert) (Entered: 03/30/2026)

#3

Mar 30, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Blanca G Lopez. (Cummings, Robert) (Entered: 03/30/2026)

#4

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 MCF) (Entered: 03/30/2026)

#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 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 3 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 3 motion for temporary restraining order. Further, no later than tomorrow, 3/31/2026, 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 Wednesday, 4/1/2026. 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. 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)

Mar 30, 2026

Minute Order

#7

Mar 31, 2026

Certificate / Proof of Service

#8

Apr 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. Attorney Christopher William Dextre, GOVT terminated. (Andrews, Anthony) Modified on 4/6/2026 (KS). (Entered: 04/01/2026)

#9

Apr 01, 2026

ANSWER (Return) to 1 Petition for Writ of Habeas Corpus, OPPOSITION to 3 Motion for Temporary Restraining Order and Injunctive Relief, and OPPOSITION to All Relief by All Respondents. (Andrews, Anthony) Modified on 4/6/2026 (KS). (Entered: 04/01/2026)

#10

Apr 03, 2026

Reply to Response to Motion

#11

Apr 08, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/8/2026: On 3/30/2026, petitioner filed a motion for a temporary restraining order in which she argues her detention violates due process and requests her immediate release (Doc. No. 3 at 4.) That same day, petitioner filed a petition for writ of habeas of corpus in which it is alleged that she has resided in the United States for over 12 years and that she was detained by immigration officers on November 21, 2025. (Doc. No. 1 at 2.) On 4/1/2026, respondents filed an opposition to petitioner's motion for a temporary restraining order, in which they state that they do not oppose the court converting petitioner's motion into one seeking the issuance of a preliminary injunction. (Doc. No. 9 at 2.) However, respondents argue petitioner is not entitled to her immediate release because she is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2)(A). On 4/3/2026, petitioner filed a reply in support of her motion for temporary restraining order in which she too states that she does not oppose converting her motion for temporary restraining into a motion for preliminary injunction. (Doc. No. 10 at 5-6.) The court finds analogous and persuasive, and incorporates herein, its reasoning set forth 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), and concludes that petitioner is likely to succeed on the claim that her detention is unlawful because she cannot be detained pursuant to 8 U.S.C. § 1225(b) but only pursuant to 8 U.S.C. § 1226(a). Moreover, the court incorporates its reasoning set forth in Cardenas v. Chestnut, et al, No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026) and J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026) and finds that the appropriate remedy under the circumstances of this case is to order petitioner's immediate release in order to maintain the status quo ante where respondents have failed to identify any lawful authority for petitioner's detention.Accordingly, pursuant to the court's reasoning as stated in Quichimbo-Jimenez, Cardenas, and J.P.C., petitioner's motion for a temporary restraining order (Doc. No. 3 ) is CONVERTED into a motion for preliminary injunction and is GRANTED, and the court ORDERS as follows: (1) Respondents are ORDERED to immediately release petitioner Blanca G. Lopez, A No. 094-297-896, from respondents' custody; and (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 pursuant to 8 U.S.C. § 1226(a); and (3) the Clerk of the Court is directed to serve this order on the California City Detention Facility. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). The petition for habeas corpus (Doc. No. 1 ) is referred to Magistrate Judge Chi Soo Kim for further proceedings. (cc: ICE - California City) (Deputy Clerk PAB) (Entered: 04/08/2026)

Apr 08, 2026

Minute Order AND Order on Motion for TRO