Eastern District of California • 1:26-cv-03543

#1

May 07, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Minga Wofford by Jose Vargas Subvado. (Filing fee $ 5, receipt number ACAEDC-13297302) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 05/07/2026)

#2

May 07, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Vargas Subvado. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 05/07/2026)

#3

May 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/08/2026)

#4

May 08, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 05/08/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Brayan C. C. v. Warden of California City Corr. Ctr., No. 2:26-CV-00641-TLN-JDP, 2026 WL 710358, at *2-3 (E.D. Cal. Mar. 13, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Jose V.S. (A # 243-162-940). At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents shall file a notice of compliance with this Order by May 19, 2026. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by May 15, 2026. Petitioner may file a reply by May 22, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Petitioner shall immediately serve this Order, along with all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. The Clerk of the Court is directed to serve Mesa Verde ICE Processing Center with a copy of this Order. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk CRN) (Entered: 05/08/2026)

#5

May 08, 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: 05/08/2026)

#6

May 08, 2026

[DISREGARD - Filed in Wrong Case] 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) Modified on 5/11/2026 (KS). (Entered: 05/08/2026)

May 08, 2026

Minute Order AND Order on Motion for TRO