Eastern District of California • 1:26-cv-04322

#1

Jun 05, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Director, U.S Immigration and Customs Enforcement (I.C.E), Warden, California City Correctional Center by Luis Monge Orellana. (Deputy Clerk LJB) (Entered: 06/08/2026)

Jun 05, 2026

RECEIPT number 100008361 for $5.00 for Petitioner from Luis Monge Orellana. (Deputy Clerk LJB)

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Jun 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/08/2026)

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Jun 08, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Director, U.S Immigration and Customs Enforcement (I.C.E),Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 06/08/2026)

Jun 08, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Luis Monge Orellana. (Deputy Clerk LJB)

Jun 08, 2026

Service by Mail

#4

Jun 09, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/09/2026: In light of petitioner's request for the issuance of a temporary restraining order in his 1 petition for writ of habeas corpus, the court construes petitioner's 1 petition as containing 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 1 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 Wednesday, 6/10/2026. 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, 2025 WL 3533606 (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: 06/09/2026)

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Jun 09, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/9/2026: Petitioner (A No. 209 904 760) has filed a 1 Petition for Writ of Habeas Corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 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. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/09/2026)

Jun 09, 2026

Service by Mail

Jun 09, 2026

Minute Order

Jun 09, 2026

SERVICE BY MAIL: 5 Minute Order served on Luis Monge Orellana. (Deputy Clerk JRM)

Jun 09, 2026

SERVICE BY MAIL: 4 Minute Order, served on Luis Monge Orellana. (Deputy Clerk CRN)

Jun 09, 2026

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

#6

Jun 10, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Director, U.S Immigration and Customs Enforcement (I.C.E), Warden, California City Correctional Center. (Assaf, Nisreen) Modified on 6/10/2026 (KLY). (Entered: 06/10/2026)

#7

Jun 10, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/10/2026: The court's 6/9/2026 Order (ECF No. 5) is VACATED. Petitioner shall proceed Pro Se. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/10/2026)

Jun 10, 2026

Service by Mail

Jun 10, 2026

Minute Order

Jun 10, 2026

SERVICE BY MAIL: 7 Minute Order served on Luis Monge Orellana. (Deputy Clerk LMK)

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Jun 11, 2026

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

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Jun 11, 2026

SUPPLEMENT by Director, U.S Immigration and Customs Enforcement (I.C.E), Warden, California City Correctional Center re 6 Response. (Attachments: # 1 Exhibit 1, # 2 Proof of Service 2)(Assaf, Nisreen) (Entered: 06/11/2026)

Jun 11, 2026

Service by Mail

Jun 11, 2026

SERVICE BY MAIL: 8 Order served on Luis Monge Orellana. (Deputy Clerk KS)

#10

Jun 12, 2026

Order Dismissing Case

#11

Jun 12, 2026

Judgment

Jun 12, 2026

Service by Mail

Jun 12, 2026

SERVICE BY MAIL: 11 Judgment, 10 Order, served on Luis Monge Orellana. (Deputy Clerk LMS)

Jun 22, 2026

MAIL RETURNED as Undeliverable, Return to Sender, Not Deliverable as addressed, Unable to Foward: 8 Order sent to Luis Monge Orellana. (Deputy Clerk AKP)

Jun 22, 2026

MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 7 Minute Order sent to Luis Monge Orellana. (Deputy Clerk AKP)

Jun 22, 2026

MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 5 Minute Order sent to Luis Monge Orellana. (Deputy Clerk AKP)

Jun 22, 2026

MAIL RETURNED as Undeliverable, Return to Sender, Unable to Forward: 4 Minute Order sent to Luis Monge Orellana. (Deputy Clerk AKP)

Jun 22, 2026

MAIL RETURNED as Not deliverable as addressed, unable to forward, return to sender: 2 Immigration New Case Documents sent to Luis Monge Orellana. (Deputy Clerk AKP)