Eastern District of California • 1:26-cv-04737

#1

Jun 22, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Billy Grigory Rosales Sarate. [$5.00 filing fee received on 06/22/2026. Receipt to be docketed on 06/23/2026] (Deputy Clerk AKP) (Entered: 06/23/2026)

#2

Jun 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Billy Grigory Rosales Sarate. (Deputy Clerk AKP) (Entered: 06/23/2026)

Jun 22, 2026

RECEIPT number 200019625 for $5.00 for Filing Fee from Billy Grigory Rosales Sarate. (Deputy Clerk VLC)

#3

Jun 23, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/23/2026)

#4

Jun 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center (Andrews, Anthony) (Entered: 06/23/2026)

Jun 23, 2026

Service by Mail

Jun 23, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Billy Grigory Rosales Sarate. (Deputy Clerk AKP)

#5

Jun 25, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/25/2026:Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent 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, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondent shall promptly enter Notices of Appearance if they have not already done so. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Friday, 6/26/2026. In that opposition, respondent 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, Cal. City Corr. Ctr., 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, 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 respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry) (Deputy Clerk CRN) (Entered: 06/25/2026)

Jun 25, 2026

Service by Mail

Jun 25, 2026

Minute Order

Jun 25, 2026

SERVICE BY MAIL: 5 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk CRN)

#6

Jun 26, 2026

RESPONSE by Warden, California City Correctional Center to 5 Minute Order,,,,,,,,,,,,, 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 06/26/2026)

#7

Jun 26, 2026

SUPPLEMENT by Warden, California City Correctional Center re 6 Response. (Andrews, Anthony) (Entered: 06/26/2026)

#8

Jun 26, 2026

Notice of Related Case

#9

Jun 26, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 26cv4737: (Text Only Entry). An examination of case numbers 1:26-cv-03300-KES-HBK and 1:26-cv-04737-DAD-AC reveals that they are related within the meaning of Local Rule 123(a). Accordingly, the assignment of these matters to the same judge and magistrate judge as in 1:26-cv-03300-KES-HBK is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-04737-DAD-AC is reassigned from District Judge Dale A. Drozd and Magistrate Judge Allison Claire to District Judge Kirk E. Sherriff and Magistrate Judge Helena M. Barch-Kuchta. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-04737-KES-HBK. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Deputy Clerk VMG) (Entered: 06/26/2026)

#10

Jun 26, 2026

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Kirk E. Sherriff and Magistrate Judge Helena M. Barch-Kuchta. The new case number is: 1:26-cv-04737-KES-HBK. (Deputy Clerk CM) (Entered: 06/26/2026)

#11

Jun 26, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/26/2026: (Text Only Entry). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 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.); Dzhabrailov v. Decker, No. 20-CV-3118 (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 response to the petition by July 7, 2026. The response shall include a copy of any evidence that they submitted at the bond hearing, along with a transcript or an audio recording of the bond hearing. Petitioner may file a reply by July 14, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Deputy Clerk VMG) (Entered: 06/26/2026)

Jun 26, 2026

SERVICE BY MAIL: 9 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk VMG)

Jun 26, 2026

Minute Order

Jun 26, 2026

Service by Mail

Jun 26, 2026

SERVICE BY MAIL: 11 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk VMG)

Jun 26, 2026

SERVICE BY MAIL: 10 Clerk's Notice Reassigning Case served on Billy Grigory Rosales Sarate. (Deputy Clerk CM)

#13

Jul 07, 2026

Notice of Request to Seal Document(s)

Jul 08, 2026

Service by Mail