Eastern District of California • 1:26-cv-02756

#1

Apr 13, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Rudy Karim Molina Moreno. (Deputy Clerk VLC) (Entered: 04/14/2026)

#2

Apr 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Rudy Karim Molina Moreno. (Deputy Clerk VLC) (Entered: 04/14/2026)

#3

Apr 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Rudy Karim Molina Moreno. (Deputy Clerk VLC) (Entered: 04/14/2026)

#4

Apr 13, 2026

MOTION to APPOINT COUNSEL by Rudy Karim Molina Moreno. (Deputy Clerk VLC) (Entered: 04/14/2026)

#5

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 VLC) (Entered: 04/14/2026)

#6

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)

Apr 14, 2026

Service by Mail

Apr 14, 2026

SERVICE BY MAIL: 5 Prisoner New Case Documents served on Rudy Karim Molina Moreno. (Deputy Clerk VLC)

#7

Apr 15, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 4/14/26 GRANTING 2 Motion to Proceed IFP and GRANTING 4 Motion to Appoint Counsel. Within 7 days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and notify the Court. Respondents shall file a response to the 3 Motion for Temporary Restraining Order within 3 court days from the date of this Order. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk JAW) (Entered: 04/15/2026)

Apr 15, 2026

Service by Mail

Apr 15, 2026

SERVICE BY MAIL: 7 Order served on Rudy Karim Molina Moreno. (Deputy Clerk JAW)

#8

Apr 16, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Shelley D. Weger, GOVT added for Warden. Attorney Walter Bocchini, GOVT terminated. (Weger, Shelley) (Entered: 04/16/2026)

#9

Apr 17, 2026

Opposition to Motion

#10

Apr 22, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 22, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) Respondents filed an opposition. (ECF No. 9 .) Respondents contend that Petitioner is detained under 8 U.S.C. 1226(c), but further note "Respondents do not presently have information about the status of any criminal charges." (ECF No. 9 at 1 n.1.) Petitioner alleges his charges were dismissed on the date that he was apprehended by ICE. (ECF No. 1 at 6.) As soon as possible, but no later than 4:00 p.m. on April 24, 2026, Respondents shall file a notice identifying the status of Petitioner's criminal charges on which Respondents base their detention authority. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/22/2026)

#11

Apr 22, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/22/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 7 . Attorney Benjamin F. Hall is hereby appointed nunc pro tunc to 4/22/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Benjamin F. Hall, Pacifica Law Group APC, 801 I Street, Ste. B, Benicia, CA 94510, (510) 759-5256, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 04/22/2026)

Apr 22, 2026

Minute Order

Apr 22, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

Apr 22, 2026

SERVICE BY MAIL: 11 Minute Order served on Rudy Karim Molina Moreno. (Deputy Clerk MDK)

Apr 22, 2026

Service by Mail

Apr 22, 2026

SERVICE BY MAIL: 10 Minute Order served on Rudy Karim Molina Moreno. (Deputy Clerk MDK)

#12

Apr 24, 2026

RESPONSE by Warden to 10 Minute Order,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weger, Shelley) (Entered: 04/24/2026)

#13

Apr 24, 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. (Deputy Clerk RRB) (Entered: 04/28/2026)

#14

Apr 28, 2026

Notice of Change of Address

#15

Apr 30, 2026

Notice of Appearance

#16

May 05, 2026

Notice (Other)

#17

May 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on May 6, 2026: This matter is before the Court on Petitioner's Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) Respondents' opposed the motion. (ECF Nos. 9, 12 .) Respondents contend that Petitioner is subject to mandatory detention under 8 U.S.C. 1225(b)(2) and thus is not entitled to a bond hearing. (See ECF No. 12 .) For months, Courts in this district have held hundreds of times to the contrary. Indeed, Respondents acknowledge the weight of authority contrary to their position (ECF No. 12 at 3), yet they continue to deny due process to individuals, knowing how this Court will rule if procedural safeguards are not provided. The Court has reviewed the parties' briefs 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 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); H.F. v. Albarran, No. 1:25-CV-01795-TLN-EFB, 2025 WL 3691081, at *2-6 (E.D. Cal. Dec. 19, 2025); Brayan C.C. v. Warden of Cal. City Corr. Ctr., No. 2:26-CV-00641-TLN-JDP, 2026 WL 710358, at *2-3 (E.D. Cal. Mar. 13, 2026). 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# 236-001-868). At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with constitutional protections, including at minimum seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the Government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of Court shall serve this Order on the Central Valley Annex. This matter is REFERRED to the assigned U.S. Magistrate Judge for all further proceedings. Respondents must file a notice of compliance with this Court's Order no later than May 8, 2026. SO ORDERED. (TEXT ONLY ENTRY) (cc: Central Valley) (Deputy Clerk MDK) Modified on 5/6/2026 (MDK). (Entered: 05/06/2026)

May 06, 2026

Minute Order AND Order on Motion for TRO

#18

May 11, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 05/11/2026: On May 6, 2026, the Court ordered Respondents to immediately release Petitioner and ordered Respondents to file a notice certifying compliance by May 8, 2026. (ECF No. 17 .) Respondents have not filed notice of compliance, nor sought an extension of time. By the end of day, TODAY, Respondents counsel shall file a notice of compliance. (TEXT ONLY ENTRY). (Deputy Clerk CRN) (Entered: 05/11/2026)

#19

May 11, 2026

Notice of Compliance

May 11, 2026

Minute Order

Jun 22, 2026

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