Eastern District of California • 1:26-cv-02447
(HC) Nebares Payan v. Mullin
Active
Case Information
Filed: March 30, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 30, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Leticia Nebares Payan. (Filing fee $ 5, receipt number ACAEDC-13111813) (Lopez Garcia, Gabriela) (Entered: 03/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 30, 2026
MOTION for PRELIMINARY INJUNCTION by Leticia Nebares Payan. (Attachments: # 1 TRO Checklist, # 2 Civil Cover Sheet, # 3 Points and Authorities In Support of Motion for TRO, # 4 Declaration, # 5 Declaration, # 6 Declaration)(Lopez Garcia, Gabriela) (Entered: 03/30/2026)
Main Document:
Preliminary Injunction
#3
Mar 31, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 03/31/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
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)
Main Document:
CONSENT/DECLINE
#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)
Main Document:
CONSENT/DECLINE
#6
Mar 31, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 3/31/2026: (Text Only Entry).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, no later than tomorrow, 4/1/2026, 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 Thursday, 4/2/2026. 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 CGH) (Entered: 03/31/2026)
Mar 31, 2026
Minute Order
#7
Apr 01, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Apr 03, 2026
Minute Order AND Order on Motion for Preliminary Injunction
#11
Apr 14, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document:
06 - HC/Order Requiring Respondent to File a Response
#12
Apr 21, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Parties
(HC) Nebares Payan
Party
Mullin
Party