Eastern District of California • 1:26-cv-03320

#1

Apr 30, 2026

2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Daffne Pamela Otero Cureno. (Deputy Clerk MR) Modified on 5/4/2026 (HAH). (Entered: 05/01/2026)

#2

Apr 30, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Daffne Pamela Otero Cureno. (Deputy Clerk MR) (Entered: 05/01/2026)

#3

Apr 30, 2026

MOTION to APPOINT COUNSEL by Daffne Pamela Otero Cureno. (Deputy Clerk MR) (Entered: 05/01/2026)

#4

May 01, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/01/2026)

May 01, 2026

Service by Mail

May 01, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Daffne Pamela Otero Cureno. (Deputy Clerk MR)

#5

May 03, 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: 05/03/2026)

#6

May 15, 2026

REQUEST for RELEASE construed as MOTION FOR TEMPORARY RESTRAINING ORDER by Daffne Pamela Otero Cureno. (Deputy Clerk JAW) Modified on 5/19/2026 (KLY). (Entered: 05/18/2026)

#7

May 19, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/19/2026: The court has reviewed petitioner's 6 request for release. In light of petitioner's pro se status, the court will construe this filing as a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 6 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 6 motion for temporary restraining order. Counsel for respondents has already entered Notices of Appearance, so respondents shall file a written opposition to the pending 6 motion for temporary restraining order by 5:00 PM on Wednesday, 5/20/2026. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 05/19/2026)

#8

May 19, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 05/18/26 GRANTING 2 Motion to Proceed IFP and Petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action; 3 Motion to appoint counsel is GRANTED and the Federal Defender is APPOINTED to represent Petitioner. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jodi Palmer at jpalmer@caed.uscourts.gov, and counsel will be added as counsel for Petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within 7 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Respondent is DIRECTED to file a response or motion to dismiss within 21 days. Respondent shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application. Petitioner's reply or opposition, if any, is due on or before 14 days from the date Respondent's response is filed. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner outside of this judicial district, pending further order of the court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk KML) (Entered: 05/19/2026)

#9

May 19, 2026

OPPOSITION by Respondents to 6 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit: DHS Records, # 2 Exhibit: Immigration Court Hearing Notice, # 3 Proof of Service)(Williams, Jonathan) (Entered: 05/19/2026)

May 19, 2026

SERVICE BY MAIL: 7 Minute Order served on Daffne Pamela Otero Cureno. (Deputy Clerk PAB)

May 19, 2026

SERVICE BY MAIL: 8 Order served on Daffne Pamela Otero Cureno. (Deputy Clerk KML)

May 19, 2026

Minute Order

May 19, 2026

Service by Mail

#10

May 22, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 5/22/2026: On 4/30/2026, petitioner, proceeding pro se, filed a petition for writ of habeas corpus challenging her detention by Immigration and Customs Enforcement and a motion to appoint counsel. (Doc. Nos. 1, 3 .) On 5/15/2026, petitioner filed a request for release, which the court construed as a motion for temporary restraining order. (Doc. No. 6 .) On 5/19/2026, the assigned magistrate judge granted petitioner's motion to appoint counsel. (Doc. No. 8 .) To date, no attorney has filed a notice of appearance as counsel on behalf of petitioner in this action. On 5/19/2026, respondents filed an opposition to petitioner's motion for temporary restraining order, in which they argue that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) because she has been convicted of possessing a controlled substance. (Doc. No. 9 at 1.) Respondents also argue that petitioner's motion should be denied because she has not exhausted her administrative remedies. (Id. at 2-4.) The court finds analogous and persuasive, and incorporates herein, its analysis set forth in Buckley, v. Chestnut, et al., No. 1:26-cv-02624-DAD-JDP, 2026 WL 1030931, at * 2-4 (E.D. Cal. Apr. 16, 2026), where the court declined to waive the prudential exhaustion requirements because petitioner's appeal of his Matter of Jospeh hearing was pending. Because petitioner has not exhausted her administrative remedies by requesting a Matter of Joseph hearing, petitioner's motion for temporary restraining order (Doc. No. 6 ) is DENIED without prejudice to renewal if appropriate. The petition for habeas corpus (Doc. No. 1 ) is REFERRED to the assigned magistrate judge for further proceedings. (Text Only Entry) (Deputy Clerk MCF) (Entered: 05/22/2026)

May 22, 2026

Service by Mail

May 22, 2026

SERVICE BY MAIL: 10 Minute Orde served on Daffne Pamela Otero Cureno. (Deputy Clerk MCF)

May 22, 2026

Minute Order AND Order on Motion for TRO

#11

May 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Dennis M. Cota on 05/26/2026: Federal Defender's request to withdraw as counsel for Petitioner and to substitute Benjamin F. Hall, Esq., is granted. Pursuant to Local Rule 180(b), Attorney Hall is hereby appointed as CJA counsel for Petitioner for the duration of the proceedings in this court, nunc pro tunc to May 26, 2026. The Clerk of Court shall update the docket to terminate the Federal Defender and to substitute Attorney Benjamin F. Hall, Esq., Pacifica Law Group, APC801 1st St. Suite BBenicia, CA 94510, Phone 415-776-1633, bhall@benhlaw.com, as counsel for Petitioner in this matter. (Text Only Entry), Attorney Benjamin Forrest Hall for Daffne Pamela Otero Cureno added. (Deputy Clerk JLP) (Entered: 05/26/2026)

May 26, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#12

May 28, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 5/28/2026 VACATING the 8 Briefing Schedule and DIRECTING Petitioner to inform the Court whether Petitioner seeks to file an amended complaint with 7 days of the date of this order. (Deputy Clerk VLK) (Entered: 05/28/2026)

#13

Jun 10, 2026

EXHIBITS by Daffne Pamela Otero Cureno re 1 Petition for Writ of Habeas Corpus. (Deputy Clerk LMS) (Entered: 06/11/2026)

#14

Jun 15, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 06/15/26 ORDERING that, within 14 days, Respondents are directed to file an answer/return or motion to dismiss including any and all transcripts or other relevant documents; and Petitioner's reply or opposition, if any, is due within 7 days after being served a copy of Respondents' filing. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, Respondent SHALL NOT transfer petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk AJB) (Entered: 06/15/2026)

#15

Jun 26, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Respondents. (Williams, Jonathan) Modified on 7/6/2026 (HAH). (Entered: 06/26/2026)

#16

Jul 01, 2026

REPLY by Daffne Pamela Otero Cureno re 15 Response,. (Hall, Benjamin) (Entered: 07/01/2026)

#17

Aug 24, 2026

MOTION to Dissolve or Modify Temporary Restraining Order re 5/19/2026 Minute Order by Respondents. (Attachments: # 1 Exhibit A-Removal Order)(Williams, Jonathan) Modified on 8/25/2026 (KLY). (Entered: 08/24/2026)

#18

Aug 25, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Dennis M. Cota on 8/25/26: Pending before the Court is Respondents' motion for dissolution or modification of the Court's no transfer order. See ECF No. 17 . Petitioner is directed to file an opposition or inform the Court of non-opposition to the pending motion on or before noon on Wednesday, August 26, 2026. (Text Only Entry). (Deputy Clerk JLP) (Entered: 08/25/2026)

#19

Aug 25, 2026

OPPOSITION to 17 Motion to Dissolve or Modify Temporary Restraining Order by Daffne Pamela Otero Cureno. (Attachments: # 1 Declaration of Benjamin Forrest Hall, # 2 Exhibit A)(Hall, Benjamin) Modified on 8/26/2026 (KLY). (Entered: 08/25/2026)

Aug 25, 2026

Minute Order

#20

Aug 27, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 8/27/26 DIRECTING Respondents to file a Reply within 3 days of the date of this order. (Deputy Clerk JAW) (Entered: 08/27/2026)

#21

Aug 30, 2026

REPLY by Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility re 19 Response. (Williams, Jonathan) (Entered: 08/30/2026)

#22

Aug 31, 2026

DIGITAL AUDIO RECORDING of Master Calendar Hearing filed by Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility re 21 . Date & Time 08/13/2026 08:30, Duration 00:11:13. File size [5.4 MB]. (Williams, Jonathan) (Entered: 08/31/2026)

#23

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)

#24

Sep 16, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Ila C. Deiss on 09/15/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be denied without prejudice and that the 17 Motion for Dissolution or Modification of the Court's No-Transfer Order be denied as moot. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 09/16/2026)

#25

Sep 28, 2026

Objections to Findings and Recommendations