Eastern District of California • 1:26-cv-03897
(HC) Nunez Trujillo v. Moss
Active
Case Information
Filed: May 20, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 22, 2026
Parties:
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Docket Entries
#1
May 20, 2026
PETITION for WRIT of HABEAS CORPUS against Respondents by Julio Andres Nunez Trujillo. (Filing fee $ 5, receipt number ACAEDC-13351425) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Lal, Prerna) (Entered: 05/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 20, 2026
MOTION for PRELIMINARY INJUNCTION by Julio Andres Nunez Trujillo. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Lal, Prerna) (Entered: 05/20/2026)
Main Document:
Preliminary Injunction
#3
May 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/20/2026)
Main Document:
Immigration New Case Documents
#4
May 20, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/20/2026: The Court has reviewed Petitioner's Motion for Preliminary Injunction. (ECF No. 2 .) Respondents shall file any opposition to Petitioner's Motion by May 22, 2026. Any response must include Petitioner's full Form I-213 for each immigration encounter; any orders of release, detention, or bond; any custody determinations, warrants, or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Until the Court issues a ruling on the habeas petition, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (Text Only Entry). (Deputy Clerk JRW) (Entered: 05/20/2026)
#5
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Respondents. (Davis, Sean) Modified on 5/21/2026 (AJB). (Entered: 05/20/2026)
Main Document:
DESIGNATION
May 20, 2026
Minute Order
#6
May 22, 2026
RESPONSE by Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin to 2 Motion for Preliminary Injunction, 4 Minute Order,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Warrant, # 2 Exhibit Custody determination, # 3 Exhibit Bond withdrawn)(Davis, Sean) (Entered: 05/22/2026)
Main Document:
RESPONSE
#7
May 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/26/2026: Before the Court is Petitioner's Motion for Preliminary Injunction. (ECF No. 2 .) The Court has reviewed the parties' briefs, which in part dispute the adequacy of Petitioner's May 14, 2026 bond hearing (ECF No. 1-2 at 12). Respondents are ordered to produce a copy of the May 14, 2026 hearing transcript or lodge an audio recording of the hearing no later than May 28, 2026, with service to Petitioner. Additionally, Petitioner may file a reply to Respondents' opposition as soon as possible and no later than June 1, 2026. (Text Only Entry) (Deputy Clerk JRW) (Entered: 05/26/2026)
May 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
May 28, 2026
NOTICE OF LODGING Digital Audio Recording by Respondents. (Davis, Sean) Modified on 6/2/2026 (HAH). (Entered: 05/28/2026)
Main Document:
NOTICE
#9
May 29, 2026
REPLY by Julio Andres Nunez Trujillo re 8 Exhibit, 6 Response,. (Attachments: # 1 Exhibit, # 2 Declaration)(Lal, Prerna) (Entered: 05/29/2026)
Main Document:
REPLY
#10
Jun 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 17, 2026: This matter is before the Court on Petitioner's Motion for Preliminary Injunction. (ECF No. 2 .) Respondents filed an opposition. (ECF No. 6 .) Petitioner replied. (ECF No. 9 .) The Court has reviewed the parties' briefs and finds Petitioner has met his burden establishing a preliminary injunction 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 Respondents violated the Immigration and Nationality Act and the Fifth Amendment Due Process Clause for failure to issue a pre-deprivation warrant as required under 8 U.S.C. 1226(a); (2) Petitioner will suffer irreparable harm in the absence of an injunction; (3) the balance of equities tip in Petitioner's favor; and (4) an injunction is in the public interest. The Court has previously ruled on the issues presented in the instant case. See V.M. v. Albarran, No. 1:26-cv-01280-TLN-DMC, 2026 WL 622185 (E.D. Cal. Mar. 5, 2026). Accordingly, the Court GRANTS Petitioner's motion and issues the following preliminary injunction: To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 221-489-947) 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 from re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court shall serve a copy of this Order on the Central Valley Annex. This matter is REFERRED to the assigned United States Magistrate Judge for all further proceedings. SO ORDERED. (TEXT ONLY ENTRY) (cc: Central Valley) (Deputy Clerk MDK) (Entered: 06/17/2026)
Jun 17, 2026
Minute Order AND Order on Motion for Preliminary Injunction
Jun 22, 2026
Minute Order
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