Eastern District of California • 1:26-cv-02549

#1

Apr 03, 2026

PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin by Fiorella Odalys Garcia Ramirez. (Filing fee $ 5, receipt number ACAEDC-13134718) (Attachments: # 1 Civil Cover Sheet)(Salgado, Mario) (Entered: 04/03/2026)

#2

Apr 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Fiorella Odalys Garcia Ramirez. (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibits, # 4 Declaration, # 5 Trochecklist, # 6 TRO Proposed Order, # 7 PI Proposed Order)(Salgado, Mario) (Entered: 04/03/2026)

#3

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 PAA) (Entered: 04/03/2026)

#4

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)

#5

Apr 03, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/3/2026: (Text Only Entry). Respondents shall file a response to the 2 motion for temporary restraining order by April 9, 2026. Petitioner may file a reply by April 14, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (gm) (Entered: 04/03/2026)

Apr 03, 2026

Minute Order

#6

Apr 09, 2026

Answer to Petition for Writ of Habeas Corpus

#7

Apr 14, 2026

REPLY by Fiorella Odalys Garcia Ramirez re 6 Answer to Petition for Writ of Habeas Corpus. (Salgado, Mario) (Entered: 04/14/2026)

#8

Apr 17, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/17/2026: (Text Only Entry); The 2 motion for temporary restraining order is converted to a motion for preliminary injunction and GRANTED in part. Respondents are ORDERED to provide petitioner with a bond hearing within seven (7) days pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, or, in the alternative, to release petitioner. The parties agree that petitioner was admitted to the United States pursuant to a grant of advance parole and that she is entitled to a bond determination hearing pursuant to 8 U.S.C. § 1226(a). See Docs. 6, 7. It is undisputed that petitioner requested a § 1226(a) bond hearing, and respondents represent that they will timely provide such a hearing. Petitioner's motion is denied to the extent it argues that § 1226(a)'s procedures would be constitutionally deficient because they place the burden on her to show that she is a flight risk or danger. See Doc. 7. Petitioner cites to cases that considered the re-detention of a noncitizen who was previously released from custody following a finding by immigration authorities that they were not a flight risk or danger, and that found due process required a bond hearing at which the government bore the burden of showing the noncitizen's re-detention was warranted on flight risk or danger grounds. See Doc. 7 at 2 (citing Flores v. Chestnut, No. 1:26-CV-0078 TLN CSK, 2026 WL 504650, at *5 (E.D. Cal. Feb. 24, 2026)). In such cases, the noncitizen's "initial release reflected a determination by the government that the noncitizen [was] not a danger to the community or a flight risk," Ortiz Donis v. Chestnut, No. 1:25-CV-01228 JLT SAB, 2025 WL 2879514, at *15 (E.D. Cal. Oct. 9, 2025), and "[s]ince... the government [] initiated [the] re-detention, it follows that the government should be required to bear the burden of providing a justification for the re-detention." Id. But, in this case, petitioner does not allege that she was previously detained and released by immigration authorities, nor is there any evidence on her motion of a prior determination by immigration authorities as to whether petitioner poses a flight risk or danger. As it is undisputed that petitioner is entitled to a timely bond hearing under § 1226(a), petitioner must exhaust that administrative remedy. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 04/17/2026)

Apr 17, 2026

Minute Order AND Order on Motion for TRO

Apr 20, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings