Eastern District of California • 1:26-cv-05703

#1

Jul 22, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Benjamin I Zelaya-Leiva. (Deputy Clerk DAR) (Entered: 07/23/2026)

#2

Jul 22, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Benjamin I Zelaya-Leiva. (Deputy Clerk DAR) (Entered: 07/23/2026)

#3

Jul 22, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Benjamin I Zelaya-Leiva. (Deputy Clerk DAR) (Entered: 07/23/2026)

#4

Jul 22, 2026

MOTION to APPOINT COUNSEL by Benjamin I Zelaya-Leiva. (Deputy Clerk DAR) (Entered: 07/23/2026)

#5

Jul 23, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/23/2026)

#6

Jul 23, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 7/23/2026: Pending the issuance of the court's order resolving the pending 3 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 3 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 3 motion for temporary restraining order by 5:00 PM on Friday, 7/24/2026. 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: 07/23/2026)

#7

Jul 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden (Yu, Jonathan) (Entered: 07/23/2026)

Jul 23, 2026

SERVICE BY MAIL: 6 Minute Order served on Benjamin I Zelaya-Leiva. (Deputy Clerk PAB)

Jul 23, 2026

Minute Order

Jul 23, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Benjamin I Zelaya-Leiva. (Deputy Clerk DAR)

Jul 23, 2026

Service by Mail

#8

Jul 24, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by Respondent Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Yu, Jonathan) Modified on 7/31/2026 (KS). (Entered: 07/24/2026)

#9

Jul 27, 2026

ORDER signed by District Judge Dale A. Drozd on 07/27/2026 GRANTING Petitioner's 2 Motion to Proceed IFP and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Benjamin I. Zelaya-Leiva, A# 240-090-572, from Respondent's custody under the same conditions, if any, he was subject to prior to his detention on or about 5/4/2026. Respondent is ENJOINED and RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, without providing Petitioner notice and a pre-detention hearing before an immigration judge where Respondents will have the burden of demonstrating by clear and convincing evidence that Petitioner is a danger to the community or a flight risk. Respondent is ORDERED to return all of Petitioner's documents and possessions upon his release from custody. Petitioner's 3 Motion for Temporary Restraining Order is hereby DENIED as having been rendered moot by this order granting him habeas relief and Petitioner's 4 Motion to Appoint Counsel is hereby DENIED in light of this order granting him habeas relief. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS) (Entered: 07/27/2026)

#10

Jul 27, 2026

JUDGMENT dated *07/27/2026* pursuant to order signed by District Judge Dale A. Drozd on 07/27/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 07/27/2026)