Eastern District of California • 1:26-cv-05604

#1

Jul 20, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Marcelo Martinez Saldivar. (Filing fee $ 5, receipt number ACAEDC-13609255) (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Civil Cover Sheet) (Zanardi, Nicole) (Entered: 07/20/2026)

#2

Jul 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Marcelo Martinez Saldivar. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order, # 4 TRO Checklist, # 5 Habeas petition, # 6 Exhibit List, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C)(Zanardi, Nicole) (Entered: 07/20/2026)

#3

Jul 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/20/2026)

#4

Jul 20, 2026

(STRICKEN per ECF #6) MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/20/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY) (Deputy Clerk MCF) Modified on 7/20/2026 (MCF). (Entered: 07/20/2026)

#5

Jul 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Sergio Albarran,Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for Markwayne Mullin,Sean Davis, GOVT for Warden of Central Valley Annex Detention Facility (Davis, Sean) (Entered: 07/20/2026)

#6

Jul 20, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/20/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2.) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Marcelo M.S. (A # 242-200-492). At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. The briefing schedule previously set for the Motion for TRO is hereby STRICKEN. (ECF No. 4 .) Respondents are ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by July 27, 2026. Petitioner may file a reply by August 3, 2026. The parties shall indicate whether they request a hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. Petitioner shall immediately serve this Order on Respondents with a copy via email to counsel of record. The Clerk of the Court is directed to serve CENTRAL VALLEY ANNEX DETENTION FACILITY with a copy of this Order. SO ORDERED.(TEXT ONLY ENTRY) (cc: ICE - Central Valley) (Deputy Clerk MCF) (Entered: 07/20/2026)

Jul 20, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 20, 2026

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