Eastern District of California • 1:26-cv-03959

(HC) Moro v. Warden Central Valley Annex

Active

Case Information

Filed: May 26, 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: July 03, 2026
Parties: View All Parties →

Docket Entries

#1
May 26, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Warden Central Valley Annex, Todd Lyons, Markwayne Mullin by Alidu Moro. (Filing fee $ 5, receipt number ACAEDC-13367358) (Attachments: # 1 Exhibit I-220A)(Monsalve, Alejandro) (Entered: 05/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 26, 2026
CIVIL COVER SHEET filed by Alidu Moro. (Monsalve, Alejandro) (Entered: 05/26/2026)
Main Document: CIVIL
#3
May 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alidu Moro. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 05/26/2026)
Main Document: Temporary Restraining Order
#4
May 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/26/2026)
Main Document: Immigration New Case Documents
#5
May 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Todd Blanche,Nisreen Fakhouri Assaf for Warden Central Valley Annex,Nisreen Fakhouri Assaf for Todd Lyons,Nisreen Fakhouri Assaf for Markwayne Mullin (Assaf, Nisreen) (Entered: 05/26/2026)
Main Document: DESIGNATION
#6
May 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/26/2026: This matter is before the Court on Petitioner's ex-parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 3 .) The Court has reviewed Petitioner's motion and finds he 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 Fifth Amendment Due Process Clause; Petitioner was entitled to notice and a pre-deprivation hearing, which Respondents did not provide; (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 (ECF No. 3 ) is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 246-766-630) 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-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 his constitutionally protected interest in remaining free from detention. At any such hearing, Petitioner shall be allowed to have counsel present. 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. The Clerk of the Court is directed to serve a copy of this Order on the Central Valley Annex. This matter is referred to the assigned U.S. Magistrate Judge for all further proceedings. SO ORDERED. (Text Only Entry) (cc: Central Valley Annex Facility) (Deputy Clerk JRW) (Entered: 05/26/2026)
May 26, 2026
Minute Order AND Order on Motion for TRO
#7
May 27, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/26/2026 ORDERING that, within 7 days of the date of service of this order, respondents must file a response to the petition. A response may be either an answer addressing the merits of the petition or a motion to dismiss the petition. Within 7 days of the date of service of this order, respondents must file any documents necessary for resolving the issues presented in the petition. If respondents file an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondents' answer. If no traverse is filed within 7 days, the petition and answer are deemed submitted. If respondents move to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days of the date of service of respondents' motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. (Deputy Clerk HAH) (Entered: 05/27/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response
Jun 16, 2026
Minute Order
Jun 17, 2026
Findings and Recommendations
#12
Jul 03, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations

Parties

(HC) Moro
Party
Warden Central Valley Annex
Party