Eastern District of California • 1:26-cv-04130

#1

May 29, 2026

2241 PETITION for WRIT of HABEAS CORPUS AND EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER against Warden, California City Correctional Center by Evelin Dayana Andino. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk LJB) (Entered: 06/01/2026)

#2

May 29, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Evelin Dayana Andino. (Deputy Clerk LJB) (Entered: 06/01/2026)

#3

Jun 01, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/01/2026)

#4

Jun 01, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Evelin Dayana Andino signed by District Judge Vince Chhabria on 06/01/26. (Deputy Clerk LJB) (Entered: 06/01/2026)

#5

Jun 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, California City Correctional Center (Rodriguez, Camilo) (Entered: 06/01/2026)

#6

Jun 01, 2026

MOTION to Order Petitioner to Provide A-Number by Warden, California City Correctional Center. (Rodriguez, Camilo) (Entered: 06/01/2026)

#7

Jun 01, 2026

ORDER re 1 Habeas Petition and TRO signed by District Judge Vince Chhabria on 6/1/26. Respondents to file a Response to the 1 Habeas Petition by 6/8/26. Petitioner may file a reply by 6/10/26. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition and TRO are pending.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition and TRO upon the Federal Defender. (Thomas, Julia) (Entered: 06/01/2026)

Jun 01, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents, 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Evelin Dayana Andino. (Deputy Clerk LJB)

Jun 01, 2026

Service by Mail

Jun 01, 2026

SERVICE BY MAIL: 7 Order served on Petitioner. (Thomas, Julia)

#8

Jun 08, 2026

RESPONSE by Warden, California City Correctional Center to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rodriguez, Camilo) (Entered: 06/08/2026)

#9

Jun 08, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Vince Chhabria on 6/8/2026: Pursuant to the Order appointing counsel dated 6/1/26, the appointing authority for the Eastern District of California has confirmed that attorney Linette Tobin seeks appointment nunc pro tunc to 6/8/26 and notified the Court of Counsel's contact information. Attorney Linette Tobin is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Linette Tobin, Law Office of Linette Tobin, 2872 Fir St., San Diego, CA 92102, (202) 489-8351, linette@linettetobin.com, as counsel for petitioner on an ad hoc basis in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 06/08/2026)

Jun 08, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

Jun 10, 2026

MAIL RETURNED as Undeliverable, RTS, No A Number: 3 Immigration New Case Documents, 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis sent to Petitioner at California City. (Deputy Clerk CM)

#10

Jun 22, 2026

SUPPLEMENTAL BRIEF filed by Evelin Dayana Andino. (Attachments: # 1 Exhibit Exhibits 1 - 9)(Tobin, Linette) (Entered: 06/22/2026)

#11

Jul 20, 2026

MOTION by Warden, California City Correctional Center. Attorney Ray, Zachary John added. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Ray, Zachary) (Entered: 07/20/2026)

#12

Jul 20, 2026

OPPOSITION by Evelin Dayana Andino to 11 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit Exhibits 1-3)(Tobin, Linette) (Entered: 07/20/2026)

#13

Jul 21, 2026

REPLY by Warden, California City Correctional Center re 12 Opposition to Motion. (Ray, Zachary) (Entered: 07/21/2026)

#14

Jul 24, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 7/24/2026: The court has reviewed 11 Respondents' Motion to Dissolve the No Transfer Order and subsequent briefing. Respondents shall file a status report by 8/7/2026 indicating whether the BIA has accepted Petitioner's appeal, denied the request for late filing, or if the status of the appeal is still unknown. (Text Only Entry) (Thomas, Julia) (Entered: 07/24/2026)

Jul 24, 2026

Minute Order

#15

Aug 07, 2026

STATUS REPORT by Warden, California City Correctional Center. (Ray, Zachary) (Entered: 08/07/2026)

#16

Aug 10, 2026

MOTION to AMEND the 1 Petition for Writ of Habeas Corpus by Evelin Dayana Andino. (Attachments: # 1 Exhibit Amended Petition, # 2 Exhibit Exhibits 1-13, # 3 Proposed Order Proposed Order)(Tobin, Linette) (Entered: 08/10/2026)

#17

Aug 11, 2026

MOTION to SHORTEN TIME for Opposition to Mtn to Amend Petition for Writ of Habeas Corpus by Evelin Dayana Andino. (Attachments: # 1 Proposed Order)(Tobin, Linette) (Entered: 08/11/2026)

#18

Aug 11, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/11/2026: The Court is in receipt of Petitioner's Motion for Leave to Amend (Dkt. No. 16 ) and Motion to Shorten Time to Respond (Dkt. No. 17 ). Pursuant to the parties' stipulation at Dkt. No. 17, p. 7, Respondents shall file a response or statement of non-opposition to the Motion for Leave to Amend by 8/18/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/11/2026)

Aug 11, 2026

Minute Order AND Order on Motion to Shorten Time

#19

Aug 13, 2026

OPPOSITION by Warden, California City Correctional Center to 16 Motion to Amend the Complaint/Petition. (Ray, Zachary) (Entered: 08/13/2026)

#20

Aug 18, 2026

MOTION for PRELIMINARY INJUNCTION by Evelin Dayana Andino. (Attachments: # 1 Exhibit Exs 14-16 to PI Mtn, # 2 Proposed Order Proposed PI Order)(Tobin, Linette) (Entered: 08/18/2026)

#21

Aug 19, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Evelin Dayana Andino. (Attachments: # 1 Exhibit Exhibits 17 & 18, # 2 Proposed Order Proposed TRO)(Tobin, Linette) (Entered: 08/19/2026)

#22

Aug 19, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Evelin Dayana Andino. (Tobin, Linette) (Entered: 08/19/2026)

#23

Aug 20, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/20/2026: Petitioner's motion for leave to amend is GRANTED. Though Respondents argue that amendment would be futile as Petitioner's new claim addressing her conditions of confinement is not cognizable in habeas, the Court does not construe the claim as purely a challenge to the conditions in detention. Rather, the amended petition brings a substantive due process claim which in part relies on her treatment while in detention. Claims of this nature have been considered in the habeas context. See Doe v. Becerra, 732 F. Supp. 3d 1071, 1090 (N.D. Cal. 2024); Gutierrez Romo v. Chestnut, No. 1:26-CV-03449 KES-FJS (HC), 2026 WL 2254385, at *4-5 (E.D. Cal. Aug. 4, 2026). Accordingly, amendment would not be futile. The Clerk of Court is directed to update the docket with the Amended Petition.Additionally, the Court is in receipt of Petitioner's motion for a preliminary injunction. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the motion. 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."); 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously).Respondents shall file a combined response to the First Amended Petition and motion for injunctive relief by 8/27/2026. Petitioner may file a reply by 8/31/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/20/2026)

#24

Aug 20, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/20/2026: Petitioner's motion for a TRO is denied because she has not shown a likelihood of success on her substantive due process claim. Where courts have addressed substantive due process claims under similar circumstances, they have considered five factors. See Doe v. Becerra, 732 F. Supp. 3d 1071, 1090 (N.D. Cal. 2024) (finding petitioner entitled to relief on his substantive due process claim where he had been detained for over two years and had submitted evidence of viable alternatives to detention that would be appropriate under the circumstances); Gutierrez Romo v. Chestnut, No. 1:26-CV-03449 KES-FJS (HC), 2026 WL 2254385, at *4-5 (E.D. Cal. Aug. 4, 2026) (granting substantive due process claim where petitioner had been detained eleven months, had been diagnosed with cancer and hospitalized twice while in detention, had no removal order in place, and had been expressly found by an immigration judge not be a flight risk or danger to the community). Petitioner has not made a sufficient showing under this five factor test to warrant emergency relief. (Text Only Entry) (Thomas, Julia) (Entered: 08/20/2026)

#25

Aug 20, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Evelin Dayana Andino. (Attachments: # 1 Exhibits 1-13) (Deputy Clerk JJD) (Entered: 08/20/2026)

Aug 20, 2026

Minute Order AND Order on Motion to Amend the Complaint

Aug 20, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion for TRO