Eastern District of California • 1:26-cv-05532

(HC) Roman Rodriguez v. Chestnut

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Case Information

Filed: July 17, 2026
Assigned to: Dale Alan Drozd
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 17, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 17, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Tonya Andrews, Todd W. Blanche, Markwayne Mullin, David Venturella by Jose Gerardo Roman Rodriguez. (Filing fee $ 5, receipt number ACAEDC-13601523) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Newcomb, Andrew James) (Entered: 07/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Gerardo Roman Rodriguez. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Declaration, # 4 Exhibit)(Newcomb, Andrew James) (Entered: 07/17/2026)
Main Document: Temporary Restraining Order
#3
Jul 17, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/17/2026)
Main Document: Immigration New Case Documents
#4
Jul 17, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 7/17/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, 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, at *4 (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 if they have not already done so. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Tuesday, 7/21/2026. 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, 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 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. (Deputy Clerk PAB) (Entered: 07/17/2026)
#5
Jul 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Christopher Chestnut,Shelley D. Weger, GOVT for Orestes Cruz,Shelley D. Weger, GOVT for Executive Office for Immigration Review,Shelley D. Weger, GOVT for Markwayne Mullin,Shelley D. Weger, GOVT for David Venturella (Weger, Shelley) (Entered: 07/17/2026)
Main Document: DESIGNATION
Jul 17, 2026
Minute Order