Eastern District of California • 1:26-cv-05117

#1

Jul 03, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Central Valley Annex, Warden, Todd Lyons, Markwayne Mullin by Gustavo Ramirez Garcia. (Filing fee $ 5, receipt number ACAEDC-13539684) (Attachments: # 1 Exhibit I-130 Approval notice)(Monsalve, Alejandro) (Entered: 07/03/2026)

#2

Jul 03, 2026

CIVIL COVER SHEET filed by Gustavo Ramirez Garcia. (Monsalve, Alejandro) (Entered: 07/03/2026)

#3

Jul 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Gustavo Ramirez Garcia. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 07/03/2026)

#4

Jul 06, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/06/2026)

#5

Jul 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Todd Lyons,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for Warden (Rodriguez, Elisa) (Entered: 07/06/2026)

#6

Jul 06, 2026

Order signed by District Judge Edward Davila setting briefing schedule on 2 TRO and 1 Habeas Petition. (Thomas, Julia) (Entered: 07/06/2026)

#7

Jul 09, 2026

OPPOSITION by Respondents Todd Blanche, Todd Lyons, Markwayne Mullin, Warden to 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 07/09/2026)

#8

Jul 09, 2026

REPLY by Gustavo Ramirez Garcia re 7 Opposition. (Monsalve, Alejandro) (Entered: 07/09/2026)

#9

Jul 14, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 7/14/2026: Petitioner's motion for a temporary restraining order is DENIED. Based on the record before the Court, aside from Petitioner's I-130 petition, which was filed by a family member on his behalf, Petitioner's first interaction with immigration authorities was during his recent arrest and detention on June 5, 2026. Dkt. No. 1 at 6. Petitioner has not provided any authority suggesting that an approved I-130 petition, standing alone, creates a due process right to a pre-deprivation hearing prior to detention, or that the existence of an I-130 application rendered Respondents' actions arbitrary and capricious under the APA. The cases which Petitioner relies on all involve re-detention or instances where the Petitioner was previously in removal proceedings and interacting frequently with immigration authorities—i.e., the Government previously authorized the noncitizens' liberty. Herrera v. Warden, Cent. Valley Annex, No. 1:26-CV-03960 (EJD), 2026 WL 1656093, at *3 (E.D. Cal. June 8, 2026)(previously released on parole); Figueredo Simon, v. Warden, Cent. Valley Annex., No. 1:26-CV-05030 (EJD), 2026 WL 1992936 (E.D. Cal. July 9, 2026) (same); Quinonez-Penarreta v. Golden State Annex, No. 1:26-cv-03109-DC-CKD, Dkt. No. 13 at 1-2 (same); Diaz v. Warden, Cent. Valley Annex, No. 1:26-CV-04309 (VC), 2026 WL 1831911, at *2 (E.D. Cal. June 25, 2026) (finding liberty interest where Petitioner had sought multiple forms of immigration relief and had prior removal proceedings dismissed). The same is not obviously true here where only an I-130 petition has been submitted on Petitioner's behalf and approved. Petitioner, therefore, has not shown a strong likelihood of success on his due process and APA claims, and the TRO is denied on that basis. Though the Court agrees that detention under 8 U.S.C § 1225(b) is unlawful when applied to non-citizens like Petitioner who have been living in the country for many years, Petitioner has not brought a statutory claim, nor a due process claim, on the basis that he has been denied certain statutory protections based on Respondents' unlawful application of § 1225(b). Lepe v. Andrews, 801 F.Supp.3d 1104, 1112 (E.D. Cal. Sept. 23, 2025) (granting immediate release where Petitioner unlawfully detained pursuant to Section 1225); Crispin M. C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553, at *7 (E.D. Cal. Jan. 8, 2026) (same); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328, at *7 (E.D. Cal. Oct. 27, 2025) (same). The Petition, consequently, does not currently present a claim upon which relief can be granted, and is DISMISSED. The Court, however, finds that amendment would not be futile. Petitioner may file an amended petition on or before 7/28/2026. (Text Only Entry) (Thomas, Julia) (Entered: 07/14/2026)

Jul 14, 2026

Minute Order AND Order on Motion for TRO

#10

Jul 15, 2026

Amended Petition for Writ of Habeas Corpus

#11

Jul 15, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 7/15/2026: Respondents SHALL file a response, or statement indicating that they will submit on their prior 7 opposition, to the First Amended Petition by 7/29/2026. Petitioner may file a reply by 8/5/2026. (Text Only Entry) (Thomas, Julia) (Entered: 07/15/2026)

Jul 15, 2026

Minute Order

#12

Jul 29, 2026

OPPOSITION by Respondents Todd Blanche, Todd Lyons, Markwayne Mullin, Warden to 10 Amended Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 07/29/2026)

#13

Jul 30, 2026

REPLY by Gustavo Ramirez Garcia re 12 Opposition. (Monsalve, Alejandro) (Entered: 07/30/2026)