Eastern District of California • 1:26-cv-03106
(HC) Nguyen v. Warden California City Detention Facility
Active
Case Information
Filed: April 23, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 26, 2026
Parties:
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Docket Entries
#2
Apr 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden California City Detention Facility by Phong Trang Tran Nguyen. (Deputy Clerk RRB) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#3
Apr 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Phong Trang Tran Nguyen. (Deputy Clerk RRB) (Entered: 04/24/2026)
Main Document:
In Forma Pauperis
#4
Apr 23, 2026
MOTION to APPOINT COUNSEL by Phong Trang Tran Nguyen. (Deputy Clerk RRB) (Entered: 04/24/2026)
Main Document:
Appoint Counsel
#1
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)
Main Document:
CONSENT/DECLINE
#5
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 RRB) (Entered: 04/24/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Apr 24, 2026
Service by Mail
Apr 24, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Phong Trang Tran Nguyen. (Deputy Clerk RRB)
#6
Apr 27, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 4/27/2026: (Text Only Entry).On 4/23/2026, petitioner filed a 2 petition which contains a request for emergency relief which the court construes as a motion for temporary restraining order. 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, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously).The Clerk of the Court is DIRECTED to serve respondent. 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 Wednesday, 4/28/2026. 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 Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (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. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in its opposition. (Deputy Clerk CGH) (Entered: 04/27/2026)
#7
Apr 27, 2026
OPPOSITION by Respondent Warden California City Detention Facility. (Attachments: # 1 Exhibit Removal Order)(Hemesath, Audrey) (Entered: 04/27/2026)
Main Document:
OPPOSITION
Apr 27, 2026
Minute Order
Apr 28, 2026
Service by Mail
Apr 28, 2026
SERVICE BY MAIL: 6 Minute Order served on Phong Trang Tran Nguyen. (Deputy Clerk PAB)
#8
Apr 29, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/29/2026: On 4/23/2026, petitioner filed a petition for writ of habeas corpus (Doc. No. 2 ) that contained a request for emergency relief which the court construed as a motion for temporary restraining order. (Doc. No. 6 .) On 4/27/2026, respondent filed an opposition (Doc. No. 7 ) to that pending motion. In that opposition, respondent advises the court that petitioner was ordered removed on 3/20/2026 and that this order became final on 4/20/2026. (Id. at 1.) Accordingly, petitioner is subject to mandatory detention for a 90-day period pursuant to 8 U.S.C. § 1231(a)(2). Therefore, petitioner's motion for temporary restraining order (Doc. No. 2 ) is DENIED. This action is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk RAA) (Entered: 04/29/2026)
Apr 29, 2026
Minute Order
Apr 29, 2026
Service by Mail
Apr 29, 2026
SERVICE BY MAIL: 8 Minute Order served on Phong Trang Tran Nguyen. (Deputy Clerk RAA)
May 01, 2026
Service by Mail
May 01, 2026
SERVICE BY MAIL: 9 Order served on Phong Trang Tran Nguyen. (Deputy Clerk RRB)
#11
May 26, 2026
Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
May 26, 2026
Service by Mail
Parties
(HC) Nguyen
Party
Warden California City Detention Facility
Party