Eastern District of California • 1:26-cv-02438

#1

Mar 30, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Amilcar Josue Esobar Mendez. (Deputy Clerk OML) (Entered: 03/31/2026)

#2

Mar 30, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Amilcar Josue Esobar Mendez. (Deputy Clerk OML) (Entered: 03/31/2026)

#3

Mar 30, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Amilcar Josue Esobar Mendez. (Deputy Clerk OML) (Entered: 03/31/2026)

#4

Mar 30, 2026

MOTION for APPOINTMENT of COUNSEL by Amilcar Josue Esobar Mendez. (Deputy Clerk OML) (Entered: 03/31/2026)

#5

Mar 31, 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: 03/31/2026)

#6

Mar 31, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/31/2026: 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 respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM tomorrow, 4/1/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is 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: 03/31/2026)

#7

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)

Mar 31, 2026

SERVICE BY MAIL: 6 Minute Order served on Amilcar Josue Esobar Mendez. (Deputy Clerk PAB)

Mar 31, 2026

Service by Mail

Mar 31, 2026

SERVICE BY MAIL: 5 Prisoner New Case Documents served on Amilcar Josue Esobar Mendez. (Deputy Clerk OML)

Mar 31, 2026

Minute Order

#8

Apr 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden. Attorney Christopher William Dextre, GOVT terminated. (Andrews, Anthony) (Entered: 04/01/2026)

#9

Apr 01, 2026

RETURN to 1 Petition for Writ of Habeas Corpus, OPPOSITION to 2 Motion for Temporary Restraining Order by Warden. (Andrews, Anthony) Modified on 4/13/2026 (HAH). (Entered: 04/01/2026)

#10

Apr 07, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/7/2026: On 3/30/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 .) Petitioner alleges that he entered the United States in 2004, was arrested by ICE, was released later that same year, and was recently re-detained. (Doc. No. 1 at 5.) On 4/1/2026, respondent filed an opposition to the motion for temporary restraining order. (Doc. No. 9 .) Therein, respondent argues that petitioner has been convicted of more than one offense for which the aggregate sentence is more than five years such that 8 USC § 1182(a)(2)(B) and 8 USC § 1226(c) apply. (Id. at 1-2.) Respondent also stated that petitioner was re-detained on 11/26/2025. (Id. at 2.) The court agrees with respondent that 8 USC § 1226(c)(1)(A) applies in petitioner's case. Further, the court does not have sufficient information before it to determine whether petitioner's detention is now prolonged. Because the court does not sufficient information before it to determine whether the granting of preliminary relief is appropriate in this case, petitioner's motion for temporary restraining order (Doc. No. 2 ) is DENIED without prejudice to its renewal. However, because the interests of justice so require, petitioner's motion to appoint counsel (Doc. No. 4 ) is GRANTED as follows: (1) 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 pursuant to 18 U.S.C. § 3006A(a)(2)(B), and if so to identify counsel for petitioner; (2) The Clerk of the Court shall serve a copy of this order and the petition for writ of habeas corpus on the Federal Defender, Attention: Habeas Appointment; and (3) Within seven (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. The petition for habeas corpus (Doc. No. 1 ) and motion to proceed in forma pauperis (Doc. No. 3 ) are REFERRED to Magistrate Judge Allison Claire for further proceedings. (cc: Federal Defender Habeas Appointment) (Deputy Clerk PAB) (Entered: 04/07/2026)

Apr 07, 2026

SERVICE BY MAIL: 10 Minute Order served on Amilcar Josue Esobar Mendez. (Deputy Clerk PAB)

Apr 07, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel

Apr 07, 2026

Service by Mail

#11

Apr 08, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/8/2026: On 4/7/2026, the court granted petitioner's motion to appoint counsel and ordered that within seven (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. (Doc. No. 10.) The court hereby extends this deadline to within thirty (30) days of the date of service of the court's prior minute order (Doc. No. 10). (Deputy Clerk PAB) (Entered: 04/08/2026)

Apr 08, 2026

SERVICE BY MAIL: 11 Minute Order served on Amilcar Josue Esobar Mendez. (Deputy Clerk PAB)

Apr 08, 2026

Minute Order

Apr 08, 2026

Service by Mail

#12

Apr 13, 2026

CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's last name corrected from "Esobar Mendez" to "Escobar Mendez". (cc: Federal Defender Habeas Appointment) (Deputy Clerk HAH) (Entered: 04/13/2026)

Apr 13, 2026

SERVICE BY MAIL: 12 Clerk's Notice of Docket Correction served on Amilcar Josue Escobar Mendez. (Deputy Clerk HAH)

Apr 13, 2026

Service by Mail

#13

Apr 15, 2026

Notice (Other)

#14

Apr 16, 2026

RESPONSE by Warden to 13 Notice - Other. (Andrews, Anthony) (Entered: 04/16/2026)

#15

Apr 24, 2026

Notice (Other)

Apr 28, 2026

Minute Order

Apr 28, 2026

Service by Mail

#18

May 05, 2026

Miscellaneous Relief

May 06, 2026

Minute Order AND Order on Motion for Miscellaneous Relief