Eastern District of California • 1:26-cv-03071

#1

Apr 22, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Golden State Annex Warden, Todd Lyons, Markwayne Mullin by Hamerlyng Josue Talavera Rodriguez. (Filing fee $ 5, receipt number ACAEDC-13220258) (Attachments: # 1 Exhibit I-94)(Monsalve, Alejandro) (Entered: 04/22/2026)

#2

Apr 22, 2026

CIVIL COVER SHEET filed by Hamerlyng Josue Talavera Rodriguez. (Monsalve, Alejandro) (Entered: 04/22/2026)

#3

Apr 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Hamerlyng Josue Talavera Rodriguez. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 04/22/2026)

#4

Apr 22, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/22/2026)

#5

Apr 22, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/22/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before April 28, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before April 30, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioner's counsel is DIRECTED to send a copy of the petition, the motion, and this order as well as provide the Petitioner's full name and A number to the US Attorney's Office by 9:00 a.m., April 23, 2026, at their email usacae.ecf2241-imm@usdoj.gov. Petitioner's Counsel shall file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/22/2026)

#6

Apr 22, 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: 04/22/2026)

#7

Apr 22, 2026

CERTIFICATE / PROOF of SERVICE by Hamerlying Josue Talavera Rodriguez. Attorney Monsalve, Alejandro Javier added.. Attorney Monsalve, Alejandro Javier added as counsel of record. (Monsalve, Alejandro) (Entered: 04/22/2026)

#8

Apr 22, 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: 04/22/2026)

Apr 22, 2026

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

#9

Apr 24, 2026

OPPOSITION by Respondents Todd Blanche, Todd Lyons, Markwayne Mullin, Warden, Golden State Annex. (Hemesath, Audrey) (Entered: 04/24/2026)

#10

Apr 24, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/24/2026: GRANTING 1 Petition for Writ of Habeas Corpus as to Count 1 for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner Hamerlying Josue Talavera Rodriguez (A# 232-267-571) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve Golden State Annex with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. (cc: ICE–Golden State Annex) CASE CLOSED. (Deputy Clerk GJM) (Entered: 04/24/2026)

#11

Apr 24, 2026

Judgment

Apr 24, 2026

Minute Order AND Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case