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

(HC) Borge-Betancourt v. Warden Mesa Verde Detention Center

Active

Case Information

Filed: May 14, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: May 20, 2026
Parties: View All Parties →

Docket Entries

#1
May 14, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#2
May 14, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#3
May 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/15/2026)
Main Document: Immigration New Case Documents
#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)
Main Document: CONSENT/DECLINE
#6
May 15, 2026
CERTIFICATE / PROOF of SERVICE by Dariel Marino Borge-Betancourt. (Juarez, Nancy) (Entered: 05/15/2026)
Main Document: Certificate / Proof of Service
May 15, 2026
Minute Order AND Order on Motion for TRO
#7
May 20, 2026
Order
Main Document: Order
#8
May 20, 2026
Dismiss
Main Document: Dismiss