Eastern District of California • 1:26-cv-03909

#1

May 20, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Brandon Lindo Castillo Mendez. (Filing fee $ 5, receipt number ACAEDC-13354135) (Attachments: # 1 Civil cover sheet, # 2 Consent to jurisdiction)(Jimenez-Ortega, Walter) (Entered: 05/20/2026)

May 20, 2026

RECEIPT number ACAEDC-13354135 for $5.00 from Walter Jimenez-Ortega. (Deputy Clerk SSA)

#2

May 21, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/21/2026)

#3

May 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Todd Blanche,Nisreen Fakhouri Assaf for Christopher Chestnut,Nisreen Fakhouri Assaf for Executive Office for Immigration Review,Nisreen Fakhouri Assaf for Markwayne Mullin,Nisreen Fakhouri Assaf for Ernesto Santacruz,Nisreen Fakhouri Assaf for U.S Department of Homeland Security (Assaf, Nisreen) (Entered: 05/21/2026)

#4

May 22, 2026

Temporary Restraining Order

#5

May 22, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 5/22/2026: Pending the issuance of the court's order resolving the pending 4 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents 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 4 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). Respondents shall file a written opposition to the pending 4 motion for temporary restraining order 5:00 PM on Tuesday, 5/26/2026. In that opposition, respondents 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. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); 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 respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry) (cc: ICE - California City) (Deputy Clerk MCF) (Entered: 05/22/2026)

May 22, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#6

May 27, 2026

RESPONSE to 4 Motion for Temporary Restraining Order and OPPOSITION to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Assaf, Nisreen) Modified on 6/1/2026 (HAH). (Entered: 05/27/2026)

#7

May 31, 2026

Strike

#8

Jun 05, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/05/2026:On 5/22/2026, counsel filed a motion for temporary restraining order on petitioner's behalf. (Doc. No. 4 .) Petitioner argues that his detention violates due process because he was not afforded a bond hearing. (Id. at 4.) On 5/27/2026, respondents filed an opposition to the pending motion for temporary restraining order in which they argue that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c)(1) because in 2023 he was convicted in Nevada state court of assault with a deadly weapon. (Doc. No. 6 at 2.) The court finds analogous and persuasive, and incorporates herein, its prior analysis in Buckley, v. Chestnut, et al., No. 1:26-cv-02624-DAD-JDP, 2026 WL 1030931, at * 2-4 (E.D. Cal. Apr. 16, 2026), where the court declined to waive the prudential exhaustion requirements because petitioner's appeal of his Matter of Jospeh hearing was pending. Because petitioner has not yet exhausted his administrative remedies by requesting a Matter of Joseph hearing, petitioner's motion for temporary restraining order (Doc. No. 4 ) is DENIED, as is his motion to strike respondent's response to his motion for a temporary restraining order as untimely (Doc. No. 7 ). The petition for habeas corpus (Doc. No. 1 ) is REFERRED to Magistrate Judge Allison Claire for further proceedings. (Text Only Entry) (Entered: 06/05/2026)

Jun 05, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Strike

Jun 09, 2026

Minute Order