Eastern District of California • 1:26-cv-03360

#1

May 01, 2026

PETITION for WRIT of HABEAS CORPUS against Warden California City Correctional Center by Kevyn Betancourt Ulloa. (Deputy Clerk RRB) (Entered: 05/05/2026)

#2

May 01, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Kevyn Betancourt Ulloa. (Deputy Clerk RRB) (Entered: 05/05/2026)

#3

May 01, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kevyn Betancourt Ulloa. (Deputy Clerk RRB) (Entered: 05/05/2026)

#4

May 01, 2026

MOTION to APPOINT COUNSEL by Kevyn Betancourt Ulloa. (Deputy Clerk RRB) (Entered: 05/05/2026)

#5

May 05, 2026

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

#6

May 05, 2026

MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 5/5/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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 3 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). Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 3 motion for temporary restraining by 5:00 PM on Wednesday, 5/6/2026. In that opposition, respondent 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. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); 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 respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in the opposition. (cc: California City) (Deputy Clerk MCF) (Entered: 05/05/2026)

#7

May 05, 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: 05/05/2026)

#8

May 05, 2026

OPPOSITION to 3 Motion for Temporary Restraining Order by Warden California City Correctional Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proof of Service) (Williams, Jonathan) (Entered: 05/05/2026)

May 05, 2026

Service by Mail

May 05, 2026

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

May 05, 2026

SERVICE BY MAIL: 6 Minute Order served on Kevyn Betancourt Ulloa. (Deputy Clerk MCF)

May 05, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Kevyn Betancourt Ulloa. (Deputy Clerk RRB)

#9

May 07, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 5/7/2026: On 5/1/2026, petitioner, proceeding pro se, filed a motion for temporary restraining order seeking immediate release from Immigration and Customs Enforcement ("ICE") custody. (Doc. No. 3 .) On 5/5/2026, respondent filed an opposition to the pending motion arguing that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) as a result of having been convicted of crimes involving moral turpitude since his initial release into this country by immigration officials. (Doc. No. 8 at 1-3.) Respondent also argues that petitioner has failed to exhaust his administrative remedies because he has yet to challenge his detention at a Joseph hearing. (Id. at 3-4.) The court finds analogous and persuasive, and incorporates herein, its prior analysis set forth 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 Joseph hearing was pending. Because petitioner has not exhausted his administrative remedies by requesting a Matter of Joseph hearing at which it would be determined whether his particular criminal conviction subjects him to mandatory detention, petitioner's motion for temporary restraining order (Doc. No. 3 ) is DENIED. The petition for writ of habeas corpus (Doc. No. 1 ) is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk PAB) (Entered: 05/07/2026)

May 07, 2026

SERVICE BY MAIL: 9 Minute Order served on Kevyn Betancourt Ulloa. (Deputy Clerk PAB)

May 07, 2026

Minute Order AND Order on Motion for TRO

May 07, 2026

Service by Mail

#10

May 08, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/8/2026: Petitioner (A No. 241 677 406) has filed a 4 Motion for the Appointment of Counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Therefore, Petitioner's 4 motion is DENIED. Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Within 7 (seven) days, Respondent shall either file an Answer to the 1 Petition for Writ of Habeas Corpus or provide notice that Respondent chooses to stand on the record as is. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/08/2026)

May 08, 2026

SERVICE BY MAIL: 10 Minute Order served on Kevyn Betancourt Ulloa. (Deputy Clerk LMK)

May 08, 2026

Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

May 08, 2026

Service by Mail

#11

May 10, 2026

NOTICE of INTENT to Stand on Record by Warden California City Correctional Center re (#10) Minute Order. (Attachments: # 1 Proof of Service)(Williams, Jonathan) Modified on 5/11/2026 (AJB). (Entered: 05/10/2026)

#12

May 21, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/20/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be dismissed. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these Findings and Recommendations. (Deputy Clerk VLK) (Entered: 05/21/2026)

May 21, 2026

SERVICE BY MAIL: 12 Findings and Recommendations served on Kevyn Betancourt Ulloa. (Deputy Clerk VLK)

May 21, 2026

Service by Mail

#13

Jun 17, 2026

Request