Eastern District of California • 1:26-cv-04103

#1

May 28, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Minga Wofford by Irving Noe Gonzalez-Ibarra. (Filing fee $ 5, receipt number ACAEDC-13386063) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 05/28/2026)

#2

May 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Irving Noe Gonzalez-Ibarra. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 05/28/2026)

#3

May 29, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/29/2026)

#4

May 29, 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: 05/29/2026)

#5

May 29, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 5/29/2026: This matter is before the Court on Petitioner's ex-parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) 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 Immigration and Nationality Act and the Fifth Amendment Due Process Clause; Petitioner was entitled to notice and a detention hearing, which Respondents have not provided to Petitioner; (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); Brayan C.C. v. Warden of Cal. City Corr. Ctr., No. 2:26-CV-00641-TLN-JDP, 2026 WL 710358, at *2-3 (E.D. Cal. Mar. 13, 2026). Accordingly, Petitioner's Motion for TRO (ECF No. 2 ) is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 214-016-874) 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 Mesa Verde Detention Center. This matter is referred to the assigned U.S. Magistrate Judge for all further proceedings. SO ORDERED. (Text Only Entry)(cc: Mesa Verde Detention Center) (Deputy Clerk JRW) (Entered: 05/29/2026)

#6

May 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Angel Fleming for Sergio Albarran,Angel Fleming for Todd Blanche,Angel Fleming for Todd M. Lyons,Angel Fleming for Markwayne Mullin,Angel Fleming for Minga Wofford (Fleming, Angel) (Entered: 05/29/2026)

May 29, 2026

Minute Order AND Order on Motion for TRO

Jun 23, 2026

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