Eastern District of California • 1:26-cv-02723

#1

Apr 10, 2026

PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex Detention Facility and PRELIMINARY INJUNCTION by Pedro Vidal-Pedro. (Deputy Clerk KML) (Entered: 04/13/2026)

#2

Apr 10, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Pedro Vidal-Pedro. (Deputy Clerk KML) (Entered: 04/13/2026)

#3

Apr 10, 2026

MOTION to APPOINT COUNSEL by Pedro Vidal-Pedro. (Deputy Clerk KML) (Entered: 04/13/2026)

#4

Apr 13, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 04/13/2026)

Apr 13, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Pedro Vidal-Pedro. (Deputy Clerk KML)

Apr 13, 2026

Service by Mail

#5

Apr 14, 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: 04/14/2026)

#6

Apr 15, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/15/2026: Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 1 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent 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 respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM Thursday, 4/16/2026. 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 Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), 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 its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes 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: 04/15/2026)

#7

Apr 15, 2026

OPPOSITION to 1 Petition by Respondent Warden of the Golden State Annex Detention Facility. (Hemesath, Audrey) Modified on 4/27/2026 (HAH). (Entered: 04/15/2026)

Apr 15, 2026

SERVICE BY MAIL: 6 Minute Order served on Pedro Vidal-Pedro. (Deputy Clerk PAB)

Apr 15, 2026

Minute Order

Apr 15, 2026

Service by Mail

#8

Apr 16, 2026

Certificate / Proof of Service

#9

Apr 17, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/17/2026: On 4/10/2026, petitioner filed a petition for writ of habeas corpus that contained a motion for temporary restraining order. (Doc. No. 1 .) On 4/16/2026, respondent filed an opposition (Doc. No. 8 ) to the pending motion. In that opposition, respondent argues only that petitioner is an "applicant for admission" who is subject to mandatory detention pursuant to 8 U.S.C. § 1225 (id. at 1), which is an argument that this court 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). Having considered the circumstances of petitioner's current detention and the parties' arguments, the court finds analogous and persuasive the undersigned's previous orders in Quichimbo-Jimenez v. Warden, California City Correctional Center, No. 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026), where the undersigned found that the structure of the Immigration and Nationality Act required a bond hearing for noncitizens who have been detained by immigration authorities and who have: (1) entered the United States without inspection; (2) were not apprehended on arrival; and (3) are not otherwise subject to mandatory detention, and Cardenas v. Chestnut, No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026), where the court found that the petitioner's immediate release was the appropriate remedy in order to preserve the status quo ante litem and because the respondents had failed to identify any statutory detention framework justifying petitioner's detention. Here, petitioner asserts that he entered the United States in 1999 without inspection. (Doc. No. 1 at 5.) On 3/9/2026, petitioner encountered and was detained by immigration authorities. (Id.) Respondent argues only that petitioner's detention is authorized pursuant to 8 U.S.C. § 1225 and does not identify any other authority under which petitioner may be lawfully detained. Accordingly, pursuant to the reasoning in Quichimbo-Jimenez and Cardenas, petitioner's motion for a temporary restraining order (Doc. No. 1 ) is GRANTED. The court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner Pedro Vidal-Pedro, A-File No. 208-786-854, from respondent's custody on the same conditions, if any, that governed his release immediately prior to his detention on 3/9/2026; and (2) Respondent is 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 using the burden applicable to bond hearings pursuant to 8 U.S.C. § 1226(a). 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 of the Court is directed to serve this order on the Golden State Annex Detention Facility. The parties are directed to meet and confer and to file a status report regarding scheduling on a motion for preliminary injunction within fourteen days of the date of entry of this order. (cc: Golden State Annex) (Deputy Clerk PAB) (Entered: 04/17/2026)

#10

Apr 17, 2026

STATEMENT of submission filed by Respondent Warden of the Golden State Annex Detention Facility. (Hemesath, Audrey) (Entered: 04/17/2026)

Apr 17, 2026

SERVICE BY MAIL: 9 Minute Order served on Pedro Vidal-Pedro. (Deputy Clerk PAB)

Apr 17, 2026

Service by Mail

Apr 17, 2026

Minute Order

#11

Apr 20, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/20/2026: On 4/17/2026, respondent filed a 10 notice of submission on existing briefing regarding petitioner's motion for preliminary injunction. Accordingly, the court GRANTS petitioner's motion for preliminary injunction for the same reasons it 9 granted petitioner's motion for temporary restraining order. Respondent is 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 using the burden applicable to bond hearings pursuant to 8 U.S.C. § 1226(a). This matter is referred to the assigned magistrate judge for further proceedings. (cc: Golden State Annex) (Deputy Clerk MCF) (Entered: 04/20/2026)

Apr 20, 2026

Service by Mail

Apr 20, 2026

Minute Order

Apr 20, 2026

SERVICE BY MAIL: 11 Minute Order served on Pedro Vidal-Pedro. (Deputy Clerk MCF)

Apr 27, 2026

MAIL RETURNED as Undeliverable, Return to Sender, Detainee Not in Custody, Unable to Forward: 6 Minute Order sent to Pedro Vidal-Pedro. Notice of Change of Address due by 6/4/2026. (Deputy Clerk OML)

Apr 28, 2026

MAIL RETURNED as Undeliverable, Return to Sender, Detainee Not in Custody, Unable to Forward: 11 Minute Order sent to Pedro Vidal-Pedro. Notice of Change of Address due by 6/5/2026. (Deputy Clerk OML)

Apr 28, 2026

MAIL RETURNED as Undeliverable, Return to Sender, Detainee Not in Custody, Unable to Forward: 9 Minute Order sent to Pedro Vidal-Pedro. Notice of Change of Address due by 6/5/2026. (Deputy Clerk OML)

#12

Apr 29, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/29/2026: Petitioner's 2 Motion to Proceed In Forma Pauperis is GRANTED. Petitioner requests appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Therefore, Petitioner's 3 Motion to Appoint Counsel is DENIED. Respondents are GRANTED 30 (thirty) days to either file a response to the pending 1 Petition for Writ of Habeas Corpus or indicate that they stand on the record as is. If Respondents elect to file a further response, Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. If Respondents elect to file a response, Petitioner may file a Traverse within 30 (thirty) days of service of the response. Petitioner A No. 208 786 854. (Text Only Entry) (Deputy Clerk LMK) (Entered: 04/29/2026)

Apr 29, 2026

Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 29, 2026

Service by Mail

Apr 29, 2026

SERVICE BY MAIL: 12 Minute Order served on Pedro Vidal-Pedro. (Deputy Clerk LMK)

#13

Apr 30, 2026

Order of Recusal

May 07, 2026

Service by Mail

May 07, 2026

SERVICE BY MAIL: 13 Order of Recusal, served on Pedro Vidal-Pedro. (Deputy Clerk HAH)

Jun 01, 2026

Service by Mail

Jun 01, 2026

Minute Order

Jun 11, 2026

Findings and Recommendations

Jun 11, 2026

Service by Mail

#17

Jun 22, 2026

Objections to Findings and Recommendations