Eastern District of California • 1:26-cv-03513
(HC) Espinales Alvarez v. Vitello
Completed
Case Information
Filed: May 07, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 20, 2026
Last Activity:
June 02, 2026
Parties:
View All Parties →
Docket Entries
#1
May 07, 2026
PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas by Salvador Octavio Espinales Alvarez. (Deputy Clerk AJB) (Entered: 05/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 07, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Salvador Octavio Espinales Alvarez. (Deputy Clerk AJB) (Entered: 05/08/2026)
Main Document:
Temporary Restraining Order
May 07, 2026
RECEIPT number 100008098 for $5.00 from Salvador Espinales Alvarez. (Deputy Clerk AJB)
#3
May 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AJB) (Entered: 05/08/2026)
Main Document:
Immigration New Case Documents
#4
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)
Main Document:
CONSENT/DECLINE
#5
May 08, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/8/2026: 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.</i., 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 Monday, 5/11/2026. 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: 05/08/2026)
#6
May 08, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03464-TLN-CKD, 1:26-cv-03513-DAD-CSK by Alejandro Mayorkas, U.S. Immigration & Customs Enforcement (ICE), Caleb Vitello. (Andrews, Anthony) (Entered: 05/08/2026)
Main Document:
Notice of Related Case
#7
May 08, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/8/2026: 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 Monday, 5/11/2026. 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: 05/08/2026)
May 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Salvador Octavio Espinales Alvarez. (Deputy Clerk PAB)
May 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Salvador Octavio Espinales Alvarez. (Deputy Clerk PAB)
May 08, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Salvador Octavio Espinales Alvarez. (Deputy Clerk AJB)
May 08, 2026
Minute Order
May 08, 2026
Service by Mail
#8
May 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Aattorney Elisa M. Rodriguez added for All Respondents. Attorney Anthony Andrews terminated. (Rodriguez, Elisa) Modified on 5/14/2026 (KS). (Entered: 05/11/2026)
Main Document:
DESIGNATION
#9
May 11, 2026
Consolidate Cases
Main Document:
Consolidate Cases
#10
May 11, 2026
SUPPLEMENT to 9 Motion to Consolidate, Motion to Dismiss, and Opposition to All Injunctive Relief by All Respondents. (Rodriguez, Elisa) Modified on 5/14/2026 (KS). (Entered: 05/11/2026)
Main Document:
SUPPLEMENT
#11
May 12, 2026
Order Reassigning Case AND ~Util - 1 Terminate Deadlines and Hearings
Main Document:
Order Reassigning Case AND ~Util - 1 Terminate Deadlines and Hearings
May 12, 2026
Service by Mail
May 12, 2026
SERVICE BY MAIL: 11 Order Reassigning Case served on Salvador Octavio Espinales Alvarez. (Deputy Clerk VLC)
#12
May 20, 2026
Order AND Order on Motion to Consolidate Cases AND ~Util - Terminate Civil Case
May 20, 2026
SERVICE BY MAIL: 12 Order served on Salvador Octavio Espinales Alvarez. (Deputy Clerk AJB)
May 20, 2026
Service by Mail
Jun 02, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed: 12 Order sent to Salvador O. Espinales Alvaraz. (Deputy Clerk AKP)
Parties
(HC) Espinales Alvarez
Party
Vitello
Party