Eastern District of California • 1:26-cv-04165

#1

Jun 01, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Magdiel Ramirez Roblero. (Deputy Clerk AKP) (Entered: 06/02/2026)

#2

Jun 01, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Magdiel Ramirez Roblero. (Deputy Clerk AKP) (Entered: 06/02/2026)

#3

Jun 01, 2026

MOTION to APPOINT COUNSEL by Magdiel Ramirez Roblero. (Deputy Clerk AKP) (Entered: 06/02/2026)

#4

Jun 02, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/02/2026)

#5

Jun 02, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Golden State Annex Detention Facility (Rodriguez, Elisa) (Entered: 06/02/2026)

Jun 02, 2026

Service by Mail

Jun 02, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Magdiel Ramirez Roblero. (Deputy Clerk AKP)

#6

Jun 04, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 06/04/2026: Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Petitioner's 3 Motion for the Appointment of Counsel is GRANTED. Within 14 (fourteen) 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 to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.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 them to serve as Pro Hac Vice 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, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § 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 upon the Federal Defender. Petitioner (A No. 221 498 022). (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/04/2026)

Jun 04, 2026

Service by Mail

Jun 04, 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

Jun 04, 2026

SERVICE BY MAIL: 6 Minute Order served on Magdiel Ramirez Roblero. (Deputy Clerk JRM)

#7

Jun 18, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/18//2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 6. Attorney Jose German is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Assistant Federal Defender, Jose German, 111 Monument Circle, Suite 3200, Indianapolis, IN 46204-5173, 317-383-3520, jose_german@fd.org, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk JRM) (Entered: 06/18/2026)

Jun 18, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Jun 30, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/30/2026: Petitioner is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 221 498 022. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/30/2026)

Jun 30, 2026

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

#9

Jul 14, 2026

Amended Petition for Writ of Habeas Corpus

#10

Jul 14, 2026

Temporary Restraining Order

#11

Jul 15, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/15/2026: The court has reviewed Petitioner's 9 First Amended Petition for Writ of Habeas Corpus and 10 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026). The court is contemplating ruling directly on the 9 First Amended Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. 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."); see also 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 10 Motion for Temporary Restraining Order by 12:00 PM on 7/17/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 12:00 PM on 7/20/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk JRW) (Entered: 07/15/2026)

Jul 15, 2026

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

#12

Jul 16, 2026

OPPOSITION by Respondent Warden, Golden State Annex Detention Facility. (Rodriguez, Elisa) (Entered: 07/16/2026)

#13

Jul 21, 2026

Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case

#14

Jul 21, 2026

Judgment

#15

Jul 21, 2026

Compel

#16

Jul 21, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/21/2026: The court has reviewed the pending 15 Motion to Compel Petitioner's immediate return to the United States. Respondents shall file a response to the 15 Motion by no later than 12:00 PM on 7/23/2026. Petitioner shall file a Reply by 12:00 PM on 7/24/2026. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/21/2026)

Jul 21, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#17

Jul 23, 2026

OPPOSITION to 15 Motion to Compel Immediate Return to the United States by Respondent Warden, Golden State Annex Detention Facility. (Rodriguez, Elisa) Modified on 8/10/2026 (HAH). (Entered: 07/23/2026)

#18

Jul 24, 2026

REPLY by Magdiel Ramirez Roblero re 15 Motion to Compel. (German, Jose) (Entered: 07/24/2026)

#19

Jul 30, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/30/2026: On 7/21/2026, this court issued an 13 Order granting Petitioner's 9 Amended Petition for Writ of Habeas Corpus and 10 Motion for a Temporary Restraining Order and ordering Petitioner's immediate release. On that same date, Petitioner filed the pending 15 Motion for Petitioner's Immediate Return to the United States in which he contends that he was removed from the United States on 7/22/2026 despite timely appealing his order of removal in violation of 8 C.F.R. § 1003.6(a). See 8 C.F.R. § 1003.6(a) ("[T]he decision in any proceeding under this chapter from which an appeal to the Board may be taken shall not be executed... while an appeal is pending or while a case is before the Board by way of certification."). Petitioner argues that his removal was unlawful and seeks his immediate return to the United States. In their 17 Opposition, Respondents allege that the Board of Immigration Appeals rejected Petitioner's appeal due to procedural deficiencies such that his order of removal became final and executable. Respondents attach a document titled "Rejection of Appeal" to their Opposition in which the Board of Immigration Appeals informs Petitioner that his appeal has been rejected because Petitioner failed to pay the required filing fee or file a request for fee waiver. (See Doc. No. 17 at 8.) The letter also informs Petitioner that the rejection does not extend the time limit to file his appeal, and that "there is no automatic stay of removal beyond the filing deadline." (Id.) In his 18 Reply, Petitioner does not rebut Respondents' allegations but emphasizes the lack of process leading to his removal and contends that "[i]t appears the system worked exactly as this administration intended it to work." The court finds that a mandatory stay of removal was not in effect due to the rejection of Petitioner's appeal, and Petitioner does not contest the validity of that rejection. Accordingly, Petitioner's 15 Motion to Compel Immediate Return to the United States is DENIED. This matter shall remain closed. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/30/2026)

Jul 30, 2026

Minute Order AND Order on Motion to Compel AND ~Util - 1 Terminate Deadlines and Hearings