Eastern District of California • 1:26-cv-04213

#1

Jun 02, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Ernesto David Borroso Salazar. (Deputy Clerk AKP) (Entered: 06/03/2026)

Jun 02, 2026

RECEIPT number 100008329 for $5.00 for Ernesto David Borroso Salazar. (Deputy Clerk AKP)

#2

Jun 03, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/03/2026)

#3

Jun 03, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center (Andrews, Anthony) (Entered: 06/03/2026)

Jun 03, 2026

Service by Mail

Jun 03, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Ernesto David Borroso Salazar. (Deputy Clerk AKP)

#4

Jun 04, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/04/2026: On 6/2/2026 petitioner, proceeding pro se, filed a 1 petition for writ of habeas corpus in which he requests his immediate release and a temporary restraining order. The court will therefore construe petitioner's request as a motion for temporary restraining order. Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents 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 2 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 respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 1 motion for temporary restraining order by 5:00 PM on Monday, 6/8/2026. In that opposition, respondents 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. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); 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 respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry) (Deputy Clerk CRN) (Entered: 06/04/2026)

Jun 04, 2026

Service by Mail

Jun 04, 2026

SERVICE BY MAIL: 4 Minute Order, served on Ernesto David Borroso Salazar. (Deputy Clerk CRN)

Jun 04, 2026

Minute Order

#5

Jun 06, 2026

NOTICE of RELATED CASE(S) 1:26-cv-03948-DC-CSK, 1:26-cv-04213-DAD-JDP by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 06/06/2026)

#6

Jun 06, 2026

MOTION to DISMISS or CONSOLIDATE and OPPOSITION to All Relief by Warden, California City Correctional Center. (Andrews, Anthony) Modified on 6/8/2026 (KS). (Entered: 06/06/2026)

#7

Jun 11, 2026

RELATED CASE ORDER signed by District Judge Dena M. Coggins on 6/10/2026 RELATING cases 1:26-cv-03948 and 1:26-cv-04213. Case 1:26-cv-04213 shall be REASSIGNED to District Judge Dena M. Coggins and Magistrate Judge Chi Soo Kim for all future proceedings. District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson no longer assigned to case. New Case Number: 1:26-cv-04213-DC-CSK. (Deputy Clerk AMW) (Entered: 06/11/2026)

Jun 11, 2026

SERVICE BY MAIL: 7 Order Reassigning Case served on Ernesto David Barroso Salazar. (Deputy Clerk AMW)

Jun 11, 2026

Service by Mail

#8

Jun 29, 2026

Amended Petition for Writ of Habeas Corpus

#9

Jun 29, 2026

Temporary Restraining Order

#10

Jun 29, 2026

MINUTE ORDER issued on 6/29/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: In Petitioner's 9 Motion for a Temporary Restraining Order, Petitioner contends that he is both statutorily entitled to a bond hearing under 8 U.S.C. § 1226(a) and constitutionally entitled to a bond hearing under his right to due process. Petitioner fails to acknowledge, however, Respondents' argument in their 6 Motion to Dismiss Petitioner's Habeas Petition that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c) due to his 2/17/2026 arrest for theft. Petitioner was detained by immigration authorities immediately following his release from that arrest. Under 8 U.S.C. § 1226(c)(1)(E), detention is mandatory for a noncitizen who, as relevant here, is inadmissible under 8 U.S.C. § 1182(a)(2) and has been "charged with, [or] arrested for... burglary, theft, larceny, [or] shoplifting." The Supreme Court has determined that mandatory detention without a bond hearing under §1226(c) passes constitutional muster. Demore v. Kim, 538 U.S. 510 (2003). Petitioner acknowledges his arrest for theft in his 8 First Amended Petition for Writ of Habeas Corpus and 9 Motion for a Temporary Restraining Order, he but does not address why it does not subject him to mandatory detention under section 1226(c). Thus, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his detention is in violation of his statutory or constitutional rights and his 9 Motion for a Temporary Restraining Order is DENIED. Further, in Respondents' 6 Motion to Dismiss, they argue that the court should dismiss this matter as duplicative of a previous habeas case Petitioner filed in 1:26-cv-03948, which remains pending before the undersigned. Petitioner challenges his immigration detention on the same grounds in both Case No. 1:26-cv-04213-DC-CSK and No. 1:26-cv-03948-DC-CSK. The Magistrate Judge assigned to the first-filed case, 1:26-cv-03948-DC-CSK, has already issued a briefing schedule and Respondents have filed an Opposition to the Petition. Upon review of both cases, the court finds the cases to be duplicative and therefore GRANTS Respondents' 6 Motion to Dismiss and DISMISSES the 1 Petition in this action without prejudice. The parties shall file any further briefing relating to Petitioner's continuing immigration detention in Case No. 1:26-cv-03948-DC-CSK. The Clerk of the Court is DIRECTED to close this case. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/29/2026)

Jun 29, 2026

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

Jun 29, 2026

Service by Mail

Jun 29, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 10, served on Ernesto David Barroso Salazar. (Text Only Entry) (Deputy Clerk CRS)