Eastern District of California • 1:25-cv-01744

#1

Dec 05, 2025

PETITION for WRIT of HABEAS CORPUS against All Respondents by Karina Alejandra Garcia Mariagua. (Filing fee $ 5, receipt number ACAEDC-12646523) (Attachments: # 1 Civil Cover Sheet)(Gavigan, Sarah) (Entered: 12/05/2025)

#2

Dec 05, 2025

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 1/8/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 12/05/2025)

#3

Dec 05, 2025

DECLARATION of Sarah Gavigan re 1 Petition for Writ of Habeas Corpus. (Gavigan, Sarah) (Entered: 12/05/2025)

#4

Dec 05, 2025

MOTION for TEMPORARY RESTRAINING ORDER by Karina Alejandra Garcia Mariagua. (Attachments: # 1 Points and Authorities Memo of Points and Authorities, # 2 Proposed Order Proposed TRO and OSC, # 3 TRO checklist)(Gavigan, Sarah) (Entered: 12/05/2025)

#5

Dec 05, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/5/2025: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 4 ). Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before December 9, 2025. Petitioner may file a Reply on or before December 10, 2025. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk JZ) (Entered: 12/05/2025)

Dec 05, 2025

Minute Order

#6

Dec 08, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nicholas M. Fogg, GOVT for Sergio Albarran,Nicholas M. Fogg, GOVT for Pamela Bondi,Nicholas M. Fogg, GOVT for Christopher Chestnut,Nicholas M. Fogg, GOVT for Todd Lyons,Nicholas M. Fogg, GOVT for Kristi Noem (Fogg, Nicholas) (Entered: 12/08/2025)

#7

Dec 08, 2025

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Fogg, Nicholas) (Entered: 12/08/2025)

#8

Dec 09, 2025

Opposition to Motion

#9

Dec 10, 2025

Notice of Appearance

#10

Dec 10, 2025

Reply to Response to Motion

#11

Dec 11, 2025

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

#12

Dec 13, 2025

STIPULATION AND PROPOSED ORDER regarding Briefing Schedule for Motion for TRO re 11 Order by the Parties. (Hartsough, Tala) Modified on 12/15/2025 (KLY). (Entered: 12/13/2025)

#13

Dec 15, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Sergio Albarran,Audrey Benison Hemesath, GOVT for Pamela Bondi,Audrey Benison Hemesath, GOVT for Christopher Chestnut,Audrey Benison Hemesath, GOVT for Todd Lyons,Audrey Benison Hemesath, GOVT for Kristi Noem (Hemesath, Audrey) (Entered: 12/15/2025)

#14

Dec 16, 2025

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

#15

Jan 05, 2026

OPPOSITION to Motion for Preliminary Injunction by All Respondents. (Fogg, Nicholas) Modified on 1/6/2026 (HAH). (Entered: 01/05/2026)

#16

Jan 09, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Gavigan, Sarah) (Entered: 01/09/2026)

#17

Jan 12, 2026

REPLY to 15 Response by Karina Alejandra Garcia Mariagua. (Hartsough, Tala) Modified on 1/13/2026 (HAH). (Entered: 01/12/2026)

#18

Jan 14, 2026

Order

#19

Jan 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated as co-counsel for Respondents. (Hemesath, Audrey) Modified on 1/29/2026 (KLY). (Entered: 01/28/2026)

#20

Jan 30, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 1/30/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. Respondent is GRANTED 7 (seven) days within which to inform the court whether Respondent intends to stand on the record as is or if Respondent wishes to present further briefing and evidence. If Respondent elects to stand on the existing record, the 1 Petition for Writ of Habeas Corpus will be deemed submitted to the court for decision. (Text Only Entry) (Deputy Clerk LMK) (Entered: 01/30/2026)

Jan 30, 2026

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

#21

Feb 03, 2026

NOTICE of INTENT to Stand on the Record As Is by All Respondents. (Fogg, Nicholas) Modified on 2/10/2026 (KS). (Entered: 02/03/2026)

#22

Feb 10, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 2/10/2026: Petitioner is proceeding with a 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging arrest and detention by ICE. The district court has ordered, by way of preliminary injunctive relief, Petitioner's release and that rearrest not occur absent certain protections. Prior to arrest, Petitioner was released into the United States by ICE premised upon either an explicit or implicit finding that Petitioner was not dangerous or a flight risk. While on release, Petitioner did not commit any crimes, materially complied with conditions of release and petitioner is not subject to an order of removal. Considering all of these factors, and consistent with the court's rulings in Martinez v. Chestnut, 1:25-cv-1826 TLN CKD P, ECF No. 14 ; Rebolledo v. Chestnut, 1:25-cv-1904 CKD P, ECF No. 15 ; and Esteban-Escalante v. Warden, Mesa Verde ICE Processing Center, 1:26-cv-0096 DC CKD P, ECF No. 10, the court finds Petitioner's Fifth Amendment right to due process was violated, RECOMMENDS THAT THE PETITION FOR WRIT OF HABEAS CORPUS BE GRANTED, THE PRELIMINARY INJUNCTIVE RELIEF PREVIOUSLY GRANTED BE MADE PERMANENT and THIS CASE BE CLOSED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven (7) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within seven (7) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Text Only Entry) (Deputy Clerk LMK) (Entered: 02/10/2026)

Feb 10, 2026

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

#23

Feb 14, 2026

Objections to Findings and Recommendations