Eastern District of California • 1:26-cv-02932

#1

Apr 20, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Nerio Antonio Pirela Fonseca. [$5 filing fee received. Receipt to be docketed on 4/21/2026] (Deputy Clerk VLC) (Entered: 04/20/2026)

#2

Apr 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Nerio Antonio Pirela Fonseca. (Deputy Clerk VLC) (Entered: 04/20/2026)

#3

Apr 20, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 04/20/2026)

#4

Apr 20, 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: 04/20/2026)

#5

Apr 20, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/20/2026: Pending the issuance of the court's order resolving the pending 2 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 2 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. A briefing schedule on the pending 2 motion will be set at a later date. (cc: California City) (Deputy Clerk MCF) (Entered: 04/20/2026)

Apr 20, 2026

Minute Order

Apr 20, 2026

Service by Mail

Apr 20, 2026

SERVICE BY MAIL: 5 Minute Order served on Nerio Antonio Pirela Fonseca. (Deputy Clerk MCF)

Apr 20, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Nerio Antonio Pirela Fonseca. (Deputy Clerk VLC)

#7

Apr 21, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/21/2026: Respondent is DIRECTED to file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Wednesday, 4/22/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Further, respondent is DIRECTED to indicate whether respondent opposes the court converting the motion for temporary restraining order into a motion for preliminary injunction or opposes the court ruling on the merits of the underlying petition. (Deputy Clerk MCF) (Entered: 04/21/2026)

Apr 21, 2026

SERVICE BY MAIL: 7 Minute Order served on Nerio Antonio Pirela Fonseca. (Deputy Clerk MCF)

Apr 21, 2026

RECEIPT number 200018516 for $5.00 from Nerio Antonio Pirela Fonseca. (Deputy Clerk OML)

Apr 21, 2026

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

Apr 21, 2026

Service by Mail

#8

Apr 22, 2026

OPPOSITION by Respondent Warden. (Hemesath, Audrey) (Entered: 04/22/2026)

#9

Apr 22, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/22/2026: On 4/20/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order challenging his detention in respondent's custody. (Doc. No. 2 .) On 4/21/2026, the court issued an order directing respondent to file an opposition to the pending motion and to address whether this case is distinguishable from the circumstances addressed in Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025). (Doc. No. 7 .) On 4/22/2026, respondent filed an opposition arguing only that petitioner is an "applicant for admission" subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2) because he entered the country illegally. (Doc. No. 8 at 1.) Petitioner initially entered the United States on or about 7/12/2021, and was subsequently released into this country on parole pursuant to § 1182(d)(5)(A). On or about 10/20/2025, petitioner was re-detained by Immigration and Customs Enforcement officials during a scheduled check-in. Petitioner contends that he remained fully compliant with the terms of his release before his re-detention and he further alleges that he has no criminal record anywhere in the world. Having considered the parties arguments and the circumstances surrounding petitioner's re-detention, the court adopts the reasoning set forth in Chavarria and concludes that petitioner's detention violates due process. Accordingly, the court GRANTS the motion for temporary restraining order as follows: (1) Respondent is ORDERED to immediately release petitioner Nerio Antonio Pirela Fonseca, A-File No. 220-375-351, from respondent's custody; and (2) Respondent is ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner with written notice and a hearing before an immigration judge where respondent will have the burden of establishing that petitioner is either a flight risk or danger by clear and convincing evidence. Under the circumstances of the case, petitioner will not be required to post bond pursuant to Federal Rule of Civil Procedure 65(c). The Clerk of the Court is directed to serve the California City Immigration Processing Center with a copy of this order. Petitioner is directed to file any motion for a preliminary injunction within fourteen (14) days from the date of entry of this order. Respondent may file an opposition to petitioner's motion for preliminary injunction no later than five (5) days from the date of the filing of any such motion. (ICE-California City) (Deputy Clerk PAB) (Entered: 04/22/2026)

Apr 22, 2026

SERVICE BY MAIL: 9 Minute Order served on Nerio Antonio Pirela Fonseca. (Deputy Clerk PAB)

Apr 22, 2026

Minute Order AND Order on Motion for TRO

Apr 22, 2026

Service by Mail