Eastern District of California • 1:26-cv-02875
(HC) Diaz Ruiz v. Lyons
Active
Case Information
Filed: April 16, 2026
Assigned to:
Dena M. Coggins
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 26, 2026
Parties:
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Docket Entries
#1
Apr 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against all Respondents by David Antonio Diaz Ruiz. [$5 filing fee received. Receipt to be docketed on 4/17/2026] (Deputy Clerk LMS) (Entered: 04/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 16, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#3
Apr 16, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/21/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 04/16/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
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)
Main Document:
CONSENT/DECLINE
#5
Apr 16, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 4/16/2026: 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., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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 4/21/2026. 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 5/5/2026. 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: 04/16/2026)
Apr 16, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on David Antonio Diaz Ruiz. (Text Only Entry) (Deputy Clerk CRS)
Apr 16, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on David Antonio Diaz Ruiz. (Deputy Clerk LMS)
Apr 16, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Apr 16, 2026
Service by Mail
#6
Apr 20, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hemesath, Audrey) Modified on 4/21/2026 (KS). (Entered: 04/20/2026)
Main Document:
ANSWER
#7
May 06, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 5/6/2026: In Respondents' 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's case from those cited in the court's 5 Order by alleging that Petitioner was lawfully detained upon his release from jail following an arrest for possession of a forged writing and possession of a controlled substance. Respondents attach Petitioner's [6-1] immigration history and [6-2] FBI RAP sheet reflecting that arrest. Respondents do not argue, however, that Petitioner's arrest makes him subject to mandatory detention under 8 U.S.C. § 1226(c). Petitioner did not file a Reply rebutting Respondents' allegations, and his time to do so has expired. This court has previously found that where the government asserts a non-pretextual change in circumstance warranting a noncitizen's detention pending removal proceedings, the proper remedy for the government's failure to provide the noncitizen with a pre-deprivation bond hearing is a post-deprivation bond hearing. (See, e.g., Chateauneuf v. Chestnut, No. 1:26-cv-01073-DC-JDP, 2026 WL 523695, at *5 (E.D. Cal. Feb. 25, 2026); Mendez Roblero v. Bondi, No. 1:26-cv-01550-DC-CSK, 2026 WL 773740, at *4-*5 (E.D. Cal. Mar. 19, 2026). Accordingly, for the reasons explained in Chateauneuf and Mendez Roblero, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED IN PART as follows: (1) Respondents shall, within fourteen (14) days of issuance of this Order, provide Petitioner David Antonio Diaz Ruiz (A-222-557-035) with a bond hearing before an Immigration Judge at which the Government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence; and (2) Petitioner's request for immediate release is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 05/06/2026)
May 06, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on David Antonio Diaz Ruiz. (Text Only Entry) (Deputy Clerk CRS)
May 06, 2026
Service by Mail
May 06, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
#8
May 26, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 26, 2026
Service by Mail
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