Eastern District of California • 2:26-cv-01615

#1

Apr 23, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd Lyons, Markwayne Mullin by I. C.. (Filing fee $ 5, receipt number ACAEDC-13228784) (Vieira Santanna, Natalia) (Entered: 04/23/2026)

#2

Apr 23, 2026

CIVIL COVER SHEET filed by I. C.. (Vieira Santanna, Natalia) (Entered: 04/23/2026)

#3

Apr 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by I. C.. (Attachments: # 1 Checklist, # 2 Proposed Order, # 3 Affidavit)(Vieira Santanna, Natalia) (Entered: 04/23/2026)

#4

Apr 23, 2026

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

#6

Apr 24, 2026

MOTION to PROCEED under a PSEUDONYM by I. C.. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 04/24/2026)

#7

Apr 24, 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: 04/24/2026)

#8

Apr 24, 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: 04/24/2026)

#9

Apr 24, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/24/2026: 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 3 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. 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 29, 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 3:00 pm April 24, 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: 04/24/2026)

#10

Apr 24, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/24/2026: In filing the Motion for Temporary Restraining Order, Counsel for Petitioner certified under Fed. R. Civ. P. 11 that the motion was an emergency due to the fact that the Court could lose jurisdiction if Petitioner were transferred out of the district. To the contrary, however, the Court retains jurisdiction over a habeas petition that is properly filed even when the petitioner is subsequently transferred outside of the district. See Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004); see also Ex parte Endo, 323 U.S. 283, 306 (1944). While any alleged unlawful detention is cause for serious concern, this case reflects a fact pattern that is common in the almost 1,000 habeas cases filed in this district each month, and a designation of each of them as an "emergency" would prevent the Court from responding to true emergencies, such as when a Petitioner is imminently being transferred to a third party country, at which point the Court could lose jurisdiction. Counsel is cautioned that any future filings that are erroneously designated as requiring emergency after-hours action may result in sanctions under Rule 11. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 04/24/2026)

#11

Apr 24, 2026

ASSOCIATION of ATTORNEY: Added attorney Jacqueline Nuno for I. C.. (Nuno, Jacqueline) (Entered: 04/24/2026)

#12

Apr 24, 2026

AFFIDAVIT of Service by I. C.. (Nuno, Jacqueline) (Entered: 04/24/2026)

Apr 24, 2026

Minute Order

Apr 24, 2026

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

#13

Apr 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ihsan U. Ahmed for Respondents. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) Modified on 5/1/2026 (HAH). (Entered: 04/27/2026)

#14

Apr 29, 2026

RESPONSE by Sergio Albarran, Todd Blanche, Todd Lyons, Markwayne Mullin to 1 Petition for Writ of Habeas Corpus, 3 Motion for Temporary Restraining Order, 9 Minute Order,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,. (Attachments: # 1 Ex. 1 Form I-213, # 2 Ex.2 RAP Sheet, # 3 Ex. 3 Warrant of Arrest, # 4 Ex. 4 Notice to Appear)(Ahmed, Ihsan) (Entered: 04/29/2026)

#15

Apr 30, 2026

REPLY by I. C. re 14 Response,. (Vieira Santanna, Natalia) (Entered: 04/30/2026)

#16

May 01, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/1/2026: In light of the information provided by Respondents, the Court cannot presently find that Petitioner has a likelihood of success on the merits given that Petitioner may be subject to mandatory detention under the Laken Riley Act. Accordingly, Petitioner's Motion for Temporary Restraining Order (ECF No. 3 ) is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 05/01/2026)

May 01, 2026

Minute Order AND Order on Motion for TRO

#17

May 02, 2026

MOTION to DISMISS by Sergio Albarran, Todd Blanche, Todd Lyons, Markwayne Mullin. (Ahmed, Ihsan) (Entered: 05/02/2026)

#18

May 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ihsan U. Ahmed for Sergio Albarran,Ihsan U. Ahmed for Todd Blanche,Ihsan U. Ahmed for Todd Lyons,Ihsan U. Ahmed for Markwayne Mullin (Ahmed, Ihsan) (Entered: 05/04/2026)

#19

May 07, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/7/2026: The Court issues this Minute Order to address multiple procedural issues that have arisen in this case. Respondents have filed a motion to dismiss (ECF No. 17 ), noting that the petition does not name petitioner's immediate custodian as a respondent. While the timeline for petitioner to respond to this motion has not yet elapsed, the Court tentatively believes that respondents are clearly correct about the immediate custodian issue under Ninth Circuit precedent. See Doe v. Garland, 109 F.4th 1188, 1195-96 (9th Cir. 2024). The Court accordingly orders the parties to meet and confer as to a possible stipulation concerning either the amendment of the petition to add a proper respondent or the dismissal of the petition without prejudice. Moreover, petitioner argues for the first time in reply (ECF No. 15 ) that the Laken Riley Act is unconstitutional as applied to him. The parties shall accordingly also meet and confer as to a possible stipulation concerning further briefing on petitioner's constitutional argument. Any stipulation pursuant to the meet and confer process identified above or, if no stipulation can be reached, a joint status report, shall be filed within seven (7) days of this Minute Order. (Deputy Clerk SH) (Entered: 05/07/2026)

May 07, 2026

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

#20

May 13, 2026

Withdrawal of Motion

#21

May 14, 2026

STIPULATION for VOLUNTARY DISMISSAL by I. C.. (Vieira Santanna, Natalia) Modified on 5/14/2026 (KLY). (Entered: 05/14/2026)

#22

May 14, 2026

CLERK'S NOTICE of VOLUNTARY DISMISSAL (Text Only Entry): This action is DISMISSED without prejudice pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Deputy Clerk KLY) (Entered: 05/14/2026)

May 14, 2026

Notice of Voluntary Dismissal