Eastern District of California • 1:26-cv-03379

(HC) Lopez Cardentey v. Warden, California City Correctional Center

Completed

Case Information

Filed: May 04, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 07, 2026
Last Activity: May 07, 2026
Parties: View All Parties →

Docket Entries

#1
May 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Amauri Enrique Lopez Cardentey. (Deputy Clerk VLK) (Entered: 05/05/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Amauri Enrique Lopez Cardentey. (Deputy Clerk VLK) (Entered: 05/05/2026)
Main Document: Temporary Restraining Order
#3
May 05, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 05/05/2026)
Main Document: Immigration New Case Documents
#4
May 05, 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: 05/05/2026)
Main Document: CONSENT/DECLINE
#5
May 05, 2026
MINUTE ORDER signed by District Judge Dale A. Drozd on 5/5/2026: (Text Only Entry).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 respondent 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). 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, 5/6/2026. 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 their opposition. (Deputy Clerk CGH) (Entered: 05/05/2026)
#6
May 05, 2026
OPPOSITION by Warden, California City Correctional Center to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit I-213s, # 2 Proof of Service Proof of Service)(Williams, Jonathan) (Entered: 05/05/2026)
Main Document: Opposition to Motion
May 05, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Amauri Enrique Lopez Cardentey. (Deputy Clerk VLK)
May 05, 2026
SERVICE BY MAIL: 5 Minute Order served on Amauri Enrique Lopez Cardentey. (Deputy Clerk PAB)
May 05, 2026
RECEIPT number 200018771 for $5.00 for filing fee from Amauri Enrique Lopez Cardentey. (Deputy Clerk VLK)
May 05, 2026
Minute Order
May 05, 2026
Service by Mail
#7
May 07, 2026
ORDER signed by District Judge Dale A. Drozd on 5/6/2026 GRANTING 1 Petition for Writ of Habeas Corpus and DENYING 2 Motion for TRO as Moot. Respondents are ORDERED to IMMEDIATELY RELEASE petitioner Amauri Enrique Lopez Cardentey, A-File No. 213-162-393, from respondent's custody on the conditions, if any, he was subject to prior to his re-detention on 04/05/26. Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge. CASE CLOSED. (cc California City) (Deputy Clerk JJD) (Entered: 05/07/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#8
May 07, 2026
JUDGMENT dated *5/7/2026* pursuant to order signed by District Judge Dale A. Drozd on 5/6/2026 in favor of Petitioner against Respondents. (Deputy Clerk JJD) (Entered: 05/07/2026)
Main Document: Judgment
May 07, 2026
Service by Mail
May 07, 2026
SERVICE BY MAIL: 7 Order and 8 Judgment served on Amauri Enrique Lopez Cardentey. (Deputy Clerk JJD)

Parties

(HC) Lopez Cardentey
Party
Warden, California City Correctional Center
Party