Eastern District of California • 1:26-cv-03556

(HC) Lopez Lopez v. Warden

Completed

Case Information

Filed: May 08, 2026
Assigned to: Dale Alan Drozd
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 14, 2026
Last Activity: May 14, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Dario Mauricio Lopez Lopez. [ $5 Filing Fee Received. Receipt to be docketed 5/11] (Deputy Clerk JAW) (Entered: 05/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Dario Mauricio Lopez Lopez. (Deputy Clerk JAW) (Entered: 05/08/2026)
Main Document: Temporary Restraining Order
#3
May 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JAW) (Entered: 05/08/2026)
Main Document: Immigration New Case Documents
#4
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 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 Monday, 5/11/2026. 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 its opposition. (Deputy Clerk PAB) (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)
Main Document: CONSENT/DECLINE
May 08, 2026
Minute Order
May 08, 2026
SERVICE BY MAIL: 4 Minute Order served on Dario Mauricio Lopez Lopez. (Deputy Clerk PAB)
May 08, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Dario Mauricio Lopez Lopez. (Deputy Clerk JAW)
May 08, 2026
Service by Mail
#6
May 11, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order and All Relief by Warden. (Andrews, Anthony) Modified on 5/14/2026 (KS). (Entered: 05/11/2026)
Main Document: ANSWER
May 11, 2026
RECEIPT number 200018911 for $5.00 filing fee from Dario Mauricio Lopez Lopez. (Deputy Clerk KML)
#7
May 14, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#8
May 14, 2026
Judgment
Main Document: Judgment
May 14, 2026
Service by Mail
May 14, 2026
SERVICE BY MAIL: 8 Judgment, 7 Order served on Dario Mauricio Lopez Lopez. (Deputy Clerk JAW)

Parties

(HC) Lopez Lopez
Party
Warden
Party