Eastern District of California • 1:26-cv-02489

#1

Apr 01, 2026

PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of Mesa Verde Detention Center by Esualdo Junior Rodriguez Osorio. (Filing fee $ 5, receipt number ACAEDC-13122110) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 04/01/2026)

#2

Apr 01, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Esualdo Junior Rodriguez Osorio. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 04/01/2026)

#3

Apr 01, 2026

Prisoner New Case Documents for Magistrate Judge as Presider

#4

Apr 02, 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: 04/02/2026)

#5

Apr 02, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/2/2026: (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 today, 4/2/2026, 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 Friday, 4/3/2026. 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: 04/02/2026)

Apr 02, 2026

Minute Order

#6

Apr 03, 2026

Certificate / Proof of Service

#7

Apr 03, 2026

Answer to Petition for Writ of Habeas Corpus

#8

Apr 03, 2026

Dismiss

#9

Apr 03, 2026

REPLY by Esualdo Junior Rodriguez Osorio re 7 Answer to Petition for Writ of Habeas Corpus. (Juarez, Nancy) (Entered: 04/03/2026)

#10

Apr 07, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/7/2026: On 4/1/2026, petitioner filed a motion for temporary restraining order. (Doc. No. 2 .) On 4/3/2026, respondents filed an opposition (Doc. No. 7 ) to that motion. In that opposition, respondents concede that petitioner had previously encountered immigration authorities and been released on parole. (Id. at 2); see also Ortega-Cervantes v. Gonzales, 501 F.3d 1111, 1112 (9th Cir. 2007) (stating that an I-94 card is typically issued to non-citizens paroled into the United States pursuant to 8 U.S.C. § 1182(d)(5)(A)). Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the previous orders in Rocha Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), where the undersigned concluded that the prior release of the petition pursuant to 8 U.S.C. § 1182(d)(5)(A) provided the petitioner with a liberty interest in his continued release and certain due process protections, and Singh v. Warden, No. 1:26-cv-02331-DAD-CKD, 2026 WL 905286 (E.D. Cal. Apr. 2, 2026), in which the undersigned concluded that immediate release was the appropriate remedy for violations of due process in re-detaining the petitioner even where the petitioner had purportedly violated certain terms of his release. Here, petitioner entered the United States without inspection on 12/11/2022. (Doc. No. 1 at 15.) Petitioner subsequently encountered immigration authorities, was detained by those authorities, and released with the issuance of an I-94 form pursuant to 8 U.S.C. § 1182(d)(5)(A). (Doc. No. 7 at 2.) On 3/25/2026, petitioner was re-detained by immigration authorities when he attended a scheduled ICE check-in appointment. (Doc. No. 1 at 17.) Respondents argue that petitioner is an "applicant for admission" subject to mandatory detention (Doc. No. 7 at 5-7), which is an argument that the undersigned has rejected on several prior occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389 (E.D. Cal. Feb. 12, 2026). Respondents also argue that, even if petitioner is subject to discretionary detention pursuant to 8 U.S.C. § 1226(a), he should only receive a bond hearing as relief because he has committed multiple Alternatives to Detention ("ATD") violations demonstrating that he is a flight risk. (Doc. No 7 at 9.) However, as the undersigned found in Singh, petitioner has not been provided with a bond hearing before a neutral arbiter to determine whether those purported ATD violations render him a flight risk. Moreover, the record before the court at this time does not indicate that petitioner received notification of the revocation of his parole and the reasoning for that revocation and was also not provided an opportunity to contest that determination, as is required for revocation of parole under § 1182(d)(5)(A). See Anderson v. Chestnut, No. 1:26-cv-01960-DAD-CKD, 2026 WL 809990, at *2 (E.D. Cal. Mar. 24, 2026) (citing Noori v. LaRose, 807 F. Supp. 3d 1146, 1165 (S.D. Cal. 2025)). Respondents state in their opposition that they do oppose converting the pending motion into a motion for preliminary injunction. (Doc. No. 7 at 10.) Accordingly, pursuant to the reasoning set forth in Rocha Chavarria and Singh, petitioner's motion for a temporary restraining order (Doc. No. 2 ) is GRANTED. The court ORDERS the following: (1) Respondents are ORDERED to immediately release petitioner Esualdo Junior Rodriguez Osorio, A-File No. 246-074-086, from respondents' custody on the same conditions, if any, that governed his release immediately prior to petitioner's detention on 3/25/2026; and (2) Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator, where respondents will bear the burden to demonstrate that petitioner is a flight risk or a danger to the community by clear and convincing evidence. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The Clerk is directed to serve the Mesa Verde Detention Center with a copy of this Order. The parties are directed to meet and confer regarding the briefing schedule for petitioner's anticipated motion for preliminary injunction and file a status report on that matter within fourteen (14) days of the date of entry of this order. (cc: ICE-Mesa Verde Detention Center) (Deputy Clerk PAB) (Entered: 04/07/2026)

Apr 07, 2026

Minute Order AND Order on Motion for TRO