Eastern District of California • 1:26-cv-03485

#1

May 06, 2026

PETITION for WRIT of HABEAS CORPUS against Merrick Garland, Todd M. Lyons, Kristi Noem, Warden by Andy David Borrero Vasquez. [$5 Filing Fee Paid; Will be receipted 5/7/26] (Deputy Clerk AMW) (Entered: 05/06/2026)

#2

May 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Andy David Borrero Vasquez. (Deputy Clerk AMW) (Entered: 05/06/2026)

#3

May 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AMW) (Entered: 05/06/2026)

#4

May 06, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/6/2026: 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, 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 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 Thursday, 5/6/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's 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 respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 05/06/2026)

#5

May 06, 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: 05/06/2026)

#6

May 06, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 5/6/2026: On 5/6/2026, the court issued an 4 order directing respondents to file an opposition to petitioner's 2 motion for temporary restraining order. The court hereby issues this order to clarify that respondents shall file a response to the 2 motion by Thursday, 5/7/2026 at 5 PM. (Deputy Clerk PAB) (Entered: 05/06/2026)

May 06, 2026

Service by Mail

May 06, 2026

RECEIPT number 200018848 for $5.00 for Andy David Borrero Vasquez. (Deputy Clerk JAW)

May 06, 2026

SERVICE BY MAIL: 6 Minute Order served on Andy David Borrero Vasquez. (Deputy Clerk PAB)

May 06, 2026

SERVICE BY MAIL: 4 Minute Order served on Andy David Borrero Vasquez. (Deputy Clerk PAB)

May 06, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Andy David Borrero Vasquez. (Deputy Clerk AMW)

May 06, 2026

Minute Order

#7

May 07, 2026

RESPONSE by Merrick Garland, Todd M. Lyons, Kristi Noem, Warden to 6 Minute Order, 4 Minute Order,,,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) (Entered: 05/07/2026)

#8

May 08, 2026

ORDER signed by District Judge Dale A. Drozd on 5/7/2026 GRANTING Petitioner's petition 1 for writ of habeas corpus. Respondents are ORDERED to immediately release petitioner Andy David Borrero Vasquez, A-File No. 245-631-343, from respondents' custody; 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 danger or flight risk by clear and convincing evidence. Petitioner's motion for temporary restraining order 2 is DENIED as having been rendered moot by the granting of the petition for writ of habeas corpus; The Clerk of the Court is directed to serve the California City Detention Facility with a copy of this order; and The Clerk of the Court is directed to close this case and enter judgment in favor of petitioner. CASE CLOSED. (cc: California City Detention Facility). (Deputy Clerk LMS) (Entered: 05/08/2026)

#9

May 08, 2026

JUDGMENT dated *5/8/2026* pursuant to order signed by District Judge Dale A. Drozd on 5/7/2026. (cc: California City Detention Facility) (Deputy Clerk LMS) (Entered: 05/08/2026)

May 08, 2026

SERVICE BY MAIL: 9 Judgment, 8 Order served on Andy David Borrero Vasquez. (Deputy Clerk LMS)

May 08, 2026

Service by Mail