Eastern District of California • 1:26-cv-03098

#1

Apr 23, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Minga Wofford by Luis Ricardo Villars Bustillo. (Filing fee $ 5, receipt number ACAEDC-13228742) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 04/23/2026)

#2

Apr 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Luis Ricardo Villars Bustillo. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 04/23/2026)

#3

Apr 24, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 04/24/2026)

#4

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)

#5

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)

#6

Apr 27, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/27/2026: 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 respondents 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. Further, no later than tomorrow, 4/28/2026, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents 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; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Wednesday, 4/29/2026. 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 Kalkan v. Chestnut, No. 1:26-cv-02028-DAD-EFB, 2026 WL 788112 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction and whether they oppose 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. (Deputy Clerk PAB) (Entered: 04/27/2026)

#7

Apr 27, 2026

Certificate / Proof of Service

Apr 27, 2026

Minute Order

#8

Apr 28, 2026

OPPOSITION by Respondents Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Minga Wofford. (Attachments: # 1 Exhibit IJ bond order, # 2 Exhibit NTA)(Hemesath, Audrey) (Entered: 04/28/2026)

#9

Apr 29, 2026

MINUTE ORDER signed by District Judge Dale A. Drozd on 4/29/2026: (Text Only Entry). On 4/23/2026, petitioner, proceeding through counsel, filed a motion for temporary restraining order seeking his immediate release from Immigration and Customs Enforcement ("ICE") custody. On 4/28/2026, respondents filed an opposition, in which they concede that petitioner's detention is governed by 8 U.S.C. § 1226(a) and that petitioner originally entered the United States lawfully on a visa but stayed past the visa's expiration date. However, there is no indication of how long petitioner was in this country after expiration of his visa. Because there is nothing before the court indicating when petitioner's visa expired, petitioner is ORDERED to file supplemental briefing identifying when petitioner's visa expired and to do so by tomorrow, 4/30/2026, at noon. Respondents may either file a response to petitioner's supplemental briefing or indicate that respondents submit on the arguments set forth in their opposition by Friday, 5/1/2026, at noon. (Deputy Clerk SCG) (Entered: 04/29/2026)

Apr 29, 2026

Minute Order

#10

Apr 30, 2026

RESPONSE by Luis Ricardo Villars Bustillo to 9 Minute Order,,,,. (Attachments: # 1 Exhibit)(Chan, Connie) (Entered: 04/30/2026)

#11

May 01, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/1/2026: On 4/23/2026, petitioner, proceeding through counsel, filed a motion for temporary restraining order seeking petitioner's immediate release from Immigration and Customs Enforcement ("ICE") custody. (Doc. No. 2 .) On 4/28/2026, respondents filed an opposition to the pending motion. (Doc. No. 8 .) On 4/29/2026, the court directed petitioner to file supplemental briefing by 4/30/2026, "identifying when petitioner's visa expired." (Doc. No. 9 .) In the same order, the court indicated that "[r]espondents may either file a response to petitioner's supplemental briefing or indicate that respondents submit on the arguments set forth in their opposition by Friday, 5/1/2026, at noon." (Id.) On 4/29/2026, petitioner filed supplemental briefing. (Doc. No. 10 .) Respondents did not file any supplemental briefing by the court-imposed deadline.Petitioner is a native of Honduras who entered the United States in 2007 on a B-2 visa. The visa authorized his presence in this country through 9/30/2007, but petitioner remained in this country past the expiration date of his visa. Petitioner contends that he has no criminal history and established deep ties to his immediate community. He has a pending asylum application that was initiated in 2025. On or about 2/17/2026, petitioner was stopped by local police for driving without insurance. He was subsequently taken into custody and transferred into ICE custody. In their opposition, respondents concede that petitioner is detained pursuant to § 1226(a), but contend that his detention does not violate any statute or constitutional provision because petitioner requested a bond hearing and subsequently withdrew his request before one could be held. Having considered the circumstances surrounding petitioner's detention, the court adopts the reasoning set forth in Kalkan v. Chestnut, No. 1:26-cv-02028-DAD-EFB, 2026 WL 788112, at *1 (E.D. Cal. Mar. 20, 2026), where the court concluded that a petitioner who entered the United States on a visa, applied for asylum after that visa expired, and was not promptly detained by immigration officials, had a protected liberty interest in remaining out of custody. As in Kalkan, here, the court concludes that the appropriate remedy under the circumstances is to require petitioner's immediate release from respondents' custody. Accordingly, the court GRANTS petitioner's motion for temporary restraining order as follows: (1) Respondents are ORDERED to immediately release petitioner Luis Ricardo Villars Bustillo, A-File No. 242-436-688, from respondents' custody; (2) Respondents are ENJOINED and RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without notice and a hearing before an immigration judge where respondents 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 Mesa Verde Detention Center with a copy of this order. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days after the date of entry of this order. (ICE-Mesa Verde) (Deputy Clerk PAB) (Entered: 05/01/2026)

#12

May 15, 2026

Extension of Time

#13

May 18, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/18/2026: On 5/1/2026, the court issued an 11 order granting petitioner's motion for a temporary restraining order and directed the parties to "meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days after the date of entry of this order." On 5/15/2026, petitioner filed a 12 motion for an extension of time wherein petitioner indicates that "the parties have not been able to come to a proposal at the time of filing this motion" and requests the court to extend the deadline to submit a joint proposed briefing schedule to 5/22/2026. (Doc. No. 12 at 2.) To date, respondents have not filed an opposition to the 12 motion. Good cause appearing, the 12 motion is GRANTED and the parties' deadline to submit a joint proposed briefing schedule on a motion for preliminary injunction is extended to 5/22/2026. (Deputy Clerk PAB) (Entered: 05/18/2026)

May 18, 2026

Minute Order AND Order on Motion for Extension of Time

#14

May 22, 2026

STIPULATION re 13 Minute Order,,,,, Order on Motion for Extension of Time,,,, Joint Proposal of Briefing Schedule by Luis Ricardo Villars Bustillo. (Chan, Connie) (Entered: 05/22/2026)

#15

May 22, 2026

Dismiss

May 27, 2026

Minute Order

#17

Jun 05, 2026

Opposition to Motion