Eastern District of California • 1:26-cv-02968

#1

Apr 20, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello by Yasniel Zaldivar Regalado. (RECEIPT #100007955 $5.00 paid on 04/22/2026 by Yasniel Zaldivar Regalado) (Deputy Clerk CM) (Entered: 04/23/2026)

#2

Apr 20, 2026

MOTION for Immediate Release or in the Alternative for a Bond Hearing by Yasniel Zaldivar Regalado. (Deputy Clerk CM) (Entered: 04/23/2026)

#3

Apr 23, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 04/23/2026)

#4

Apr 23, 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: 04/23/2026)

Apr 23, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Yasniel Zaldivar Regalado. (Deputy Clerk CM)

Apr 23, 2026

Service by Mail

#5

Apr 26, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Walter Bocchini, GOVT for Alejandro Mayorkas,Walter Bocchini, GOVT for U.S. Immigration and Customs Enforcement (ICE),Walter Bocchini, GOVT for Caleb Vitello, attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 04/26/2026)

#6

Apr 27, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 4/27/2026: 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 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 4/29/2026. 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 5/13/2026. Both parties should address whether they oppose the court ruling directly on the Petition, to the extent a ruling 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: 04/27/2026)

Apr 27, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Yasniel Zaldivar Regalado. (Text Only Entry) (Deputy Clerk CRS)

Apr 27, 2026

Service by Mail

Apr 27, 2026

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

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Apr 28, 2026

Opposition to Motion

#8

Apr 28, 2026

Certificate / Proof of Service

#9

May 13, 2026

OPPOSITION to Continued Immigration Detention by Petitioner Yasniel Zaldivar Regalado. (Deputy Clerk VLC) (Entered: 05/14/2026)

#10

May 15, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 5/15/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents distinguish Petitioner's claim from those cited in the court's 6 Order by noting that Petitioner was detained following his arrest for grand theft auto. Respondents attach Petitioner's [7-2] FBI RAP sheet reflecting that arrest. The court has previously found that where the government presents non-pretextual reasons to re-detain a noncitizen previously released into the United States, the proper remedy for the government's failure to provide a pre-deprivation bond hearing is a post-deprivation bond hearing, not immediate release. See, e.g., Calvillo v. Chestnut, No. 1:26-cv-00569-DC-CSK, 2026 WL 253627 (E.D. Cal. Jan. 31, 2026). In his 7 Opposition to Continued Immigration Detention, which the court will construe as a Reply, Petitioner argues that his immigration detention is excessive because the underlying criminal charge has been dismissed. While this court has found that a dismissed charge cannot form the basis for mandatory immigration detention under 8 U.S.C. § 1226(c), Respondents do not argue that Petitioner is subject to mandatory detention under that statute. Criminal charges not resulting in a conviction are properly considered by an immigration judge in making a custody redetermination. See In Re Guerra, 24 I. & N. Dec. 37, 40-41 (B.I.A. 2006). Accordingly, for the reasons explained in Calvillo, 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 Yasniel Zaldivar Regalado (A-244-174-974) 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 RAA) (Entered: 05/15/2026)

May 15, 2026

SERVICE BY MAIL: 10 Minute Order served on Yasniel Zaldivar Regalado. (Deputy Clerk RAA)

May 15, 2026

Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings

May 15, 2026

Service by Mail

#11

May 19, 2026

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

May 19, 2026

SERVICE BY MAIL: 11 Order served on Yasniel Zaldivar Regalado. (Deputy Clerk KML)

May 19, 2026

Service by Mail

#12

Jun 03, 2026

Notice of Compliance

#13

Jun 03, 2026

Certificate / Proof of Service

#15

Jun 04, 2026

Certificate / Proof of Service

#16

Jun 08, 2026

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

Jun 08, 2026

Service by Mail

#18

Jun 11, 2026

Certificate / Proof of Service

#21

Jun 23, 2026

Miscellaneous Relief

#22

Jul 10, 2026

Findings and Recommendations

Jul 10, 2026

Service by Mail