Eastern District of California • 1:26-cv-02508

#1

Apr 02, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Bryan Diaz Rostran. (Deputy Clerk OML) (Entered: 04/03/2026)

#2

Apr 02, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Bryan Diaz Rostran. (Deputy Clerk OML) (Entered: 04/03/2026)

#3

Apr 02, 2026

MOTION for APPOINTMENT of COUNSEL by Bryan Diaz Rostran. (Deputy Clerk OML) (Entered: 04/03/2026)

#4

Apr 03, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/7/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/03/2026)

#5

Apr 03, 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: 04/03/2026)

Apr 03, 2026

Service by Mail

Apr 03, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Bryan Diaz Rostran. (Deputy Clerk OML)

#6

Apr 06, 2026

ASSOCIATION of ATTORNEY: Added attorney Nicole Alicia Gorney for Bryan Diaz Rostran. (Gorney, Nicole) (Entered: 04/06/2026)

#7

Apr 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 6, 2026: The Court has reviewed the Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner requests this Court issue a writ ordering Petitioner's immediate release. If Petitioner seeks emergency relief and intends to file a motion for a temporary restraining order ("TRO"), Petitioner shall file the motion as soon as possible and no later than two (2) court days from the date of this order. If Petitioner does not intend to file a TRO, Petitioner shall notify the Court immediately at mkrueger@caed.uscourts.gov. Pending the Court's ruling on the petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). Additionally, the Court has reviewed Petitioner's Motion for Appointment of Counsel (ECF No. 3 ). In light of the recent Association of Attorney filing (ECF No. 6 ), counsel for Petitioner shall file a notice informing the Court whether Petitioner's Motion for Appointment of Counsel is now moot as soon as possible. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/06/2026)

#8

Apr 06, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 04/06/2026.Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's motion to proceed in forma pauperis 2 is GRANTED. Petitioner's motion for appointment of counsel 3 is DENIED without prejudice. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on his prolonged detention and another based on the revocation of his release. Respondents are directed to file an answer/return within 14 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in O.A.C.S. v. Wofford, No. 1:25-cv-1652 DAD CSK, 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), Mohammad S. v. Andrews, No. 1:26-cv-0590 TLN CSK, 2026 WL 480095 (E.D. Cal. Feb. 20, 2026), Lida G.B. v. Albarran, No. 1:25-cv-2061 TLN CKD, 2026 WL 19104 (E.D. Cal. Jan. 3. 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/06/2026)

Apr 06, 2026

Minute Order AND Order on Motion to Appoint Counsel

Apr 06, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

#9

Apr 08, 2026

Temporary Restraining Order

#10

Apr 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 8, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 9 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and/or the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner [A# 220-457-249] under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents shall file a notice of compliance with the Court's order to immediately release Petitioner by April 10, 2026. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Any previously set deadlines remain in place. The Clerk of the Court is directed to serve California City Correctional Center with this order. SO ORDERED. (TEXT ONLY ENTRY) (cc: CA City) (Deputy Clerk MDK) (Entered: 04/08/2026)

Apr 08, 2026

Minute Order AND Order on Motion for TRO

#11

Apr 10, 2026

Notice of Compliance

#12

Apr 16, 2026

Answer to Petition for Writ of Habeas Corpus