Eastern District of California • 1:26-cv-03580

#1

May 08, 2026

PETITION for WRIT of HABEAS CORPUS against Respondents by Alberto Javier Portillo Estrada. (Filing fee $ 5, receipt number ACAEDC-13302805) (Attachments: # 1 Attorney Declaration, # 2 Exhibit Index, # 3 Exhibits 1 - 20, # 4 Exhibits 21 - 32, # 5 Civil Cover Sheet)(Santamaria, Marc) (Entered: 05/08/2026)

#2

May 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by ALBERTO JAVIER PORTILLO ESTRADA. (Attachments: # 1 Affidavit Attorney declaration, # 2 Proposed Order Proposed order, # 3 TRO checklist)(Santamaria, Marc) (Entered: 05/08/2026)

#3

May 08, 2026

EXHIBIT 1-5 filed by Petitioner ALBERTO JAVIER PORTILLO ESTRADA re 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit Exhibit 1 - 5)(Santamaria, Marc) (Entered: 05/08/2026)

#4

May 08, 2026

EXHIBIT 6-9 filed by Petitioner ALBERTO JAVIER PORTILLO ESTRADA re 2 Motion for Temporary Restraining Order. (Santamaria, Marc) (Entered: 05/08/2026)

#5

May 08, 2026

EXHIBIT 10 - 20 filed by Petitioner ALBERTO JAVIER PORTILLO ESTRADA re 2 Motion for Temporary Restraining Order. (Santamaria, Marc) (Entered: 05/08/2026)

#6

May 08, 2026

EXHIBIT 21 - 32 filed by Petitioner ALBERTO JAVIER PORTILLO ESTRADA re 2 Motion for Temporary Restraining Order. (Santamaria, Marc) (Entered: 05/08/2026)

#7

May 11, 2026

CLERK'S NOTICE to Attorney Marc Anthony Santamaria re [1-5] Civil Cover Sheet: Your document is not formatted properly, please flatten your PDF and re-file a properly formatted PDF. For information on how to flatten a pdf, please refer to our website under CM/ECF E-Filing > PDF Information > Page 7. If you need assistance, please contact the CM/ECF help desk at 866-884-5444. (Deputy Clerk EF) (Entered: 05/11/2026)

#8

May 11, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MCF) (Entered: 05/11/2026)

#9

May 11, 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: 05/11/2026)

#10

May 11, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 05/11/2026: 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 Alberto Javier P.E. 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 13, 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 18, 2026. Petitioner may file a reply by May 25, 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 Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. SO ORDERED.(TEXT ONLY ENTRY) (Deputy Clerk CRN) (Entered: 05/11/2026)

May 11, 2026

Minute Order AND Order on Motion for TRO

#11

May 13, 2026

Notice of Compliance

#12

May 13, 2026

COPY of 11 Notice of Compliance by Respondents. (Hemesath, Audrey) Modified on 5/15/2026 (KLY). (Entered: 05/13/2026)

#13

May 15, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Elisa M. Rodriguez added for All Respondents. Attorney Audrey Benison Hemesath, GOVT terminated. (Rodriguez, Elisa) Modified on 5/18/2026 (KS). (Entered: 05/15/2026)

#14

May 18, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and RESPONSE to 10 Order to Show Cause by All Respondents. (Rodriguez, Elisa) Modified on 5/19/2026 (KS). (Entered: 05/18/2026)

#15

May 25, 2026

TRAVERSE/REPLY by Alberto Javier Portillo Estrada. (Santamaria, Marc) Modified on 5/29/2026 (KS). (Entered: 05/25/2026)

#16

May 25, 2026

Certificate / Proof of Service