Eastern District of California • 1:26-cv-02833

#1

Apr 14, 2026

CIVIL COVER SHEET filed by Josue Gallardo Rodriguez. (Mittal, Vivek) (Entered: 04/14/2026)

#2

Apr 14, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Department of Homeland Security (DHS), Warden Golden State Annex Facility, Todd M. Lyons, Markwayne Mullin, Dustin Stubbs by Josue Gallardo Rodriguez. (Filing fee $ 5, receipt number ACAEDC-13180357) (Mittal, Vivek) (Entered: 04/14/2026)

#3

Apr 14, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Josue Gallardo Rodriguez. (Attachments: # 1 TRO Checklist, # 2 Declaration Declaration of Counsel, # 3 Exhibit Exhibits to Declaration of Counsel, # 4 Proposed Order Proposed Order)(Mittal, Vivek) (Entered: 04/14/2026)

#4

Apr 14, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk CLA) (Entered: 04/14/2026)

#5

Apr 15, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 15, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) 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 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) (detention under 8 U.S.C. 1226(a) requires Respondents to provide a bond hearing); Pablo Antonio C. C. v. Warden of California City Corr. Ctr., No. 2:26-CV-00958-TLN-DMC, 2026 WL 808055, at *5 (E.D. Cal. Mar. 24, 2026) (due process required notice and a pre-deprivation hearing). 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# 236-469-357) 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 and provide him a copy of this Order. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner absent compliance with constitutional protections, including 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 his constitutionally protected interest in remaining free from detention. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by April 22, 2026. Petitioner may file a reply by April 28, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of Court is directed to serve the Golden State Annex with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (cc: Golden State) (Deputy Clerk MDK) (Entered: 04/15/2026)

Apr 15, 2026

Minute Order AND Order on Motion for TRO