Eastern District of California • 2:26-cv-01216

(HC) Aguilera Nino v. Lyons

Active

Case Information

Filed: March 31, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 06, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 31, 2026
2241 PETITION for WRIT of HABEAS CORPUS against all Respondents by Edwin Sneyder Aguilera Nino. (Deputy Clerk LMS) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 31, 2026
EX PARTE APPLICATION for TEMPORARY RESTRAINING ORDER by Edwin Sneyder Aguilera Nino. (Deputy Clerk LMS) (Entered: 03/31/2026)
Main Document: Temporary Restraining Order
#3
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 LMS) (Entered: 03/31/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 31, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for 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 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. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED 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. 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 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 its 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)
#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
Mar 31, 2026
RECEIPT number 200018063 for $5.00 for Edwin Sneyder Aguilera Nino. (Deputy Clerk LMS)
Mar 31, 2026
SERVICE BY MAIL: 4 Minute Order served on Edwin Sneyder Aguilera Nino. (Deputy Clerk PAB)
Mar 31, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Edwin Sneyder Aguilera Nino. (Deputy Clerk LMS)
Mar 31, 2026
Minute Order
Mar 31, 2026
Service by Mail
#6
Apr 03, 2026
RESPONSE by Pamela Jo Bondi, Todd Lyons, Kristi Noem to 4 Minute Order,,,,,,,,,. (Attachments: # 1 Exhibit)(McDonald, Tracey) (Entered: 04/03/2026)
Main Document: RESPONSE
#7
Apr 03, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/3/2026: On 3/31/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order seeking immediate release from respondents' custody. (Doc. No. 2 .) On the same day, the court issued an order directing respondents to file an opposition to the pending motion by 5 PM on 5/2/2026. To date, respondents have failed to file an opposition to the pending motion despite entering an appearance and filing unrelated documents in this action. Petitioner is a native and citizen of Columbia. He entered the United States on or about 1/1/2024 where he presented himself to immigration authorities and was released into the country on his own recognizance. Petitioner contends that he was re-detained on 3/16/2026, when local authorities initiated a traffic stop for a minor traffic violation, and was "subsequently informed that ICE had requested his detention." (Doc. No. 2 at 3.) Petitioner further contends that he has no prior criminal history. Having considered the circumstances surrounding petitioner's detention, the court finds instructive the reasoning set forth in its prior order Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025) and incorporates it here. Accordingly, the court concludes that petitioner's detention violates due process and GRANTS the motion for temporary restraining order as follows: (1) respondents are ORDERED to immediately release petitioner, A# 249-198-888, from respondents' custody under the same conditions, if any, he was subject to prior to his re-detention on or about 3/16/2026; and (2) respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without written notice and a hearing before an immigration judge where respondents will have the burden of establishing that petitioner is either a danger or flight risk by clear and convincing evidence. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). In light of their failure to respond to the court's prior order, respondents are DIRECTED to file a notice of compliance with this order within three (3) days from the date of petitioner's release. The Clerk of the Court is directed to serve California City Corrections Center with a copy of this order. Petitioner is directed to file any motion for a preliminary injunction within 14 days from the date of entry of this order. Respondents may file an opposition to any motion for preliminary injunction within five (5) days from the date of filing of any such order. (cc: ICE-California City) (Deputy Clerk PAB) (Entered: 04/03/2026)
Apr 03, 2026
Service by Mail
Apr 03, 2026
SERVICE BY MAIL: 7 Minute Order served on Edwin Sneyder Aguilera Nino. (Deputy Clerk PAB)
Apr 03, 2026
Minute Order AND Order on Motion for TRO
#8
Apr 06, 2026
Notice (Other)
Main Document: Notice (Other)

Parties

(HC)Aguilera Nino
Party
Lyons
Party