Eastern District of California • 1:26-cv-03050

#1

Apr 22, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Marlon Ramirez Blanco. [$5 filing fee received. Receipt to be docketed on 4/23/2026] (Deputy Clerk VLC) (Entered: 04/22/2026)

#2

Apr 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Marlon Ramirez Blanco. (Deputy Clerk VLC) (Entered: 04/22/2026)

#3

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 VLC) (Entered: 04/22/2026)

#4

Apr 22, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/22/2026: 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. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Friday, 4/24/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (cc: Golden State) (Deputy Clerk MCF) (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)

Apr 22, 2026

SERVICE BY MAIL: 4 Minute Order served on Marlon Ramirez Blanco. (Deputy Clerk MCF)

Apr 22, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Marlon Ramirez Blanco. (Deputy Clerk VLC)

Apr 22, 2026

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

Apr 22, 2026

Service by Mail

#7

Apr 24, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus, OPPOSITION to 2 Motion for Temporary Restraining Order, and OPPOSITION to Preliminary Injunction by Respondent Warden. (Hemesath, Audrey) Modified on 5/1/2026 (KS). (Entered: 04/24/2026)

#8

Apr 24, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/24/2026: (Text Only Entry); GRANTING 2 Motion for TRO. On 4/22/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order. (Doc. No. 2 .) On 4/24/2026, respondents filed an opposition to the pending motion in which their sole argument is that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b), an argument that the undersigned has previously rejected on several occasions. See Wasef v. Chestnut, No. 1:26-cv-01078-DAD-JDP (HC), 2026 WL 392389, at *2-3 (E.D. Cal. Feb. 12, 2026). Petitioner was born in Cuba. On or about 5/9/2024, petitioner presented himself to United States border officials at a port of entry and subsequently released into this country on parole. On 3/28/2026, petitioner was subsequently re-detained by Immigration and Customs Enforcement agents during a routine immigration check-in without prior notice. Petitioner contends that he has been fully compliant with the terms of his parole and has no criminal history. Having considered the circumstances surrounding petitioner's detention, the court incorporates the reasoning set forth in its prior order in Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606, at *2-4 (E.D. Cal. Dec. 9, 2025) and concludes that petitioner's re-detention violates due process. Accordingly, the court GRANTS the motion for temporary restraining order as follows: (1) (1) Respondent is ORDERED to immediately release petitioner Marlon Ramirez Blanco, A-File No. 234-319-708, from respondent's custody; (2) Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention 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 Rule 65(c) of the Federal Rules of Civil Procedure. The Clerk of the Court is directed to serve the Golden State Annex Detention Facility with a copy of this order. Petitioner is directed to file any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. Respondent may file an opposition to any motion for preliminary injunction within five (5) days from the date of any such filing. (Deputy Clerk SCG) (Entered: 04/24/2026)

Apr 24, 2026

Minute Order AND Order on Motion for TRO

May 04, 2026

MAIL RETURNED as Undeliverable, Detainee not in custody: 3 Prisoner New Case Documents sent to Marlon Ramirez Blanco. Notice of Change of Address due by 6/11/2026. (Deputy Clerk JRM)

May 04, 2026

MAIL RETURNED as Undeliverable, Not deliverable as addressed: 4 Minute Order sent to Marlon Ramirez Blanco. Notice of Change of Address due by 6/11/2026. (Deputy Clerk JRM)

#9

Sep 10, 2026

ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Dennis M. Cota from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Ila C. Deiss* for all further proceedings. (Deputy Clerk AJB) (Entered: 09/10/2026)

Sep 10, 2026

SERVICE BY MAIL: 9 Order Reassigning Judge served on Marlon Ramirez Blanco. (Deputy Clerk AJB)

Sep 10, 2026

Service by Mail

Sep 22, 2026

MAIL RETURNED as Undeliverable, Insufficient Address, Unable to Forward, Released: 9 Order Reassigning Judge sent to Marlon Ramirez Blanco. (Deputy Clerk DAR)