Eastern District of California • 1:26-cv-02763

#1

Apr 13, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden Golden State Annex by Fabricio Guillermo Flores Velasquez. (Filing fee $ 5.00, receipt number ACAEDC-100007897) (Deputy Clerk RRB) (Entered: 04/15/2026)

#2

Apr 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Fabricio Guillermo Flores Velasquez. (Deputy Clerk RRB) (Entered: 04/15/2026)

#3

Apr 15, 2026

Appoint Counsel

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Apr 15, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 04/15/2026)

#5

Apr 15, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/15/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count One of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 4/17/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 4/29/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/15/2026)

Apr 15, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Fabricio Guillermo Flores Velasquez. (Text Only Entry) (Deputy Clerk CRS)

Apr 15, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Fabricio Guillermo Flores Velasquez. (Deputy Clerk RRB)

Apr 15, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Apr 15, 2026

Service by Mail

#6

Apr 16, 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: 04/16/2026)

#7

Apr 16, 2026

RESPONSE (Opposition) to Petition for Writ of Habeas Corpus by Respondent Warden Golden State Annex. (Attachments: # 1 Exhibit: Notice of Third Country Removal, # 2 Exhibit: I-213, # 3 Exhibit: Removal Order)(Hemesath, Audrey) Modified on 4/17/2026 (KLY). (Entered: 04/16/2026)

#8

Apr 16, 2026

EXHIBIT: Asylum Officer Fear Screening re 7 Response/Opposition by Warden Golden State Annex. (Hemesath, Audrey) Modified on 4/17/2026 (KLY). (Entered: 04/16/2026)

#9

Apr 16, 2026

Certificate / Proof of Service

#10

Apr 28, 2026

Temporary Restraining Order

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Apr 28, 2026

Appoint Counsel

#12

Apr 29, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/29/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents argue that Petitioner is subject to mandatory detention under 8 U.S.C. § 1231(a)(6) because he is subject to a final order of removal as to third country Mexico. (See Doc. No. 7 at 1.) Respondents note that although Petitioner was previously granted withholding of removal to his native Nicaragua, "DHS served Petitioner with notification that DHS intends to pursue removal to" Mexico, and "conducted a fear screening in accordance with the March Guidance from USCIS on third country removals," the result of which was negative. (Id.) Thus, Respondents contend, the "next step in the process would be removal, which will moot Petitioner's concerns about conditions of confinement and length of confinement." (Id.) This court has found, however, that the referenced March Guidance is insufficient to protect a noncitizen's constitutional right to due process because "Petitioner has a private interest in not being erroneously removed to a third country with which he has no connection, and where he faces potential persecution, torture, and death." A.A.M. v. Andrews, 815 F. Supp. 3d 1124, 1137 (E.D. Cal. 2025). Thus, "Due Process requires that Petitioner receive a full and fair hearing of his fear-based claim [against removal to a third country] in front of a neutral adjudicator" before he may be removed to that third country. Id. at 1141. Here, as in A.A.M., Petitioner alleges a fear of death if removed to the identified third country, (See Doc. No. 10 at 6-7), and Petitioner has not been afforded the opportunity to present that fear of removal before a neutral adjudicator. (See Doc. 7 at 1.) Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED as follows: (1) Respondents are temporarily enjoined from removing Petitioner to Mexico without first allowing him a meaningful opportunity to be heard on his fear based claim before an immigration judge in compliance with due process; and (2) Respondents shall provide Petitioner with a withholding only hearing before an immigration judge within 30 days regarding his potential removal to Mexico. Petitioner's subsequent 10 Motion for a Temporary Restraining Order is DENIED as having been rendered moot by this Order. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 04/29/2026)

Apr 29, 2026

Service by Mail

Apr 29, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

Apr 29, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 12, served on Fabricio Guillermo Flores Velasquez. (Text Only Entry) (Deputy Clerk CRS)

#13

May 04, 2026

Order AND Order on Motion to Appoint Counsel AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings

May 04, 2026

SERVICE BY MAIL: 13 Order served on Fabricio Guillermo Flores Velasquez. (Deputy Clerk KS)

May 04, 2026

Service by Mail

#14

May 08, 2026

MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/8/2026: The Court has been notified of Counsel's contact information, pursuant to the 5/4/2026 13 Order. Attorney Roger H. Ponce is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger H. Ponce as counsel for petitioner in this matter. (Text Only Entry) (Deputy Clerk NAC) (Entered: 05/08/2026)

May 08, 2026

Minute Order AND ~Util - Add and Terminate Attorneys