Eastern District of California • 1:26-cv-03720

#1

May 14, 2026

Petition for Writ of Habeas Corpus

#2

May 14, 2026

Temporary Restraining Order

#3

May 15, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/15/2026)

#4

May 15, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/15/2026: This matter is before the Court on Petitioner's 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., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). 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 Dariel B.B. (A # 240-299-793) under the same conditions he was released prior to his current detention. 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 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. The Clerk of the Court is directed to serve Mesa Verde Detention Center with a copy of this Order. This matter is referred to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). SO ORDERED.(cc: Mesa Verdr Detention Center) (Text Only Entry) (Deputy Clerk JRW) Modified on 5/15/2026 (JRW). (Entered: 05/15/2026)

#5

May 15, 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: 05/15/2026)

#6

May 15, 2026

CERTIFICATE / PROOF of SERVICE by Dariel Marino Borge-Betancourt. (Juarez, Nancy) (Entered: 05/15/2026)

May 15, 2026

Minute Order AND Order on Motion for TRO

#7

May 20, 2026

Order

#8

May 20, 2026

Dismiss

#9

Jun 08, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/8/2026: On 5/20/2026, the court ordered respondents to answer the petition or file a motion to dismiss within 7 days, and further ordered that if respondent filed a motion to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days thereafter. (ECF No. 7 .) On that same day, respondents filed a motion to dismiss. (ECF No. 8 .) To date, petitioner has not responded to respondents' motion. Accordingly, petitioner is hereby ORDERED TO SHOW CAUSE by 6/12/2026 as to why the court should not grant the motion to dismiss for his failure to timely oppose it. Failure to respond to this order will be construed as a non-opposition to the motion to dismiss. See Local Rule 230(c). (Text Only Entry). (Deputy Clerk NAC) (Entered: 06/08/2026)

#10

Jun 08, 2026

STATEMENT of NON-OPPOSITION by Dariel Marino Borge-Betancourt. (Juarez, Nancy) (Entered: 06/08/2026)

#11

Jun 08, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 6/8/2026: On 5/14/2026, through counsel, petitioner filed a petition for writ of habeas corpus and a motion for a temporary restraining order. (ECF Nos. 1, 2 .) The court granted the temporary restraining order on 5/15/2026 and ordered respondents to release petitioner. (ECF No. 4 .) On 5/20/26, respondents moved to dismiss the petition on the ground that it is moot because of petitioner's release from custody. (ECF No. 8 .) Petitioner does not oppose the motion. (ECF No. 10 .) Accordingly, it is hereby RECOMMENDED that: (1) respondents' motion to dismiss, ECF No. 8, be GRANTED; (2) the petition for writ of habeas corpus, ECF No. 1, be DISMISSED; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 06/08/2026)

Jun 08, 2026

Findings and Recommendations

Jun 08, 2026

Minute Order