Eastern District of California • 1:26-cv-05762

#1

Jul 23, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Edwige Myrtil. (Filing fee $ 5, receipt number ACAEDC-13631284) (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet) (Meyer, Erin) Modified on 7/28/2026 (KS). (Entered: 07/23/2026)

#2

Jul 24, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/24/2026)

#3

Jul 24, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT added for All Respondents. (Hemesath, Audrey) Modified on 7/30/2026 (KS). (Entered: 07/24/2026)

#4

Jul 24, 2026

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Edwige Myrtil for attorney Arcelia Rodriguez to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13636102) (Attachments: # 1 Certificate of Good Standing) (Meyer, Erin) (Entered: 07/24/2026)

#5

Jul 28, 2026

ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2026 ORDERING that Within seven days of the date of service of this order, respondents must file a response to the petition. (Deputy Clerk LMS) (Entered: 07/28/2026)

#6

Jul 28, 2026

PRO HAC VICE ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2026 GRANTING 4 Application. Added attorney Arcelia Rodriguez, PHV for Edwige Myrtil. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk LMS) (Entered: 07/28/2026)

#7

Jul 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Edwige Myrtil. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order, # 5 Proof of Service, # 6 TRO Checklist) (Meyer, Erin) (Docket Text Modified on 7/29/2026 by CRS: Hearing Date/Time Removed.) (Entered: 07/28/2026)

#8

Jul 28, 2026

NOTICE of APPEARANCE by Trillium Chang on behalf of Edwige Myrtil. Attorney Chang, Trillium added. (Chang, Trillium) (Entered: 07/28/2026)

#9

Jul 29, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/29/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 7 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Counts One and Three of the Petition. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 7 Motion for Temporary Restraining Order by 12:00 PM on 7/31/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 12:00 PM on 8/3/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Counts One and/or Three only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/29/2026)

Jul 29, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#10

Jul 30, 2026

SUPPLEMENTAL EMERGENCY MOTION for TEMPORARY RESTRAINING ORDER (to Maintain the Status Quo) filed by Edwige Myrtil. (Attachments: # 1 Declaration of Trillium Chang, # 2 Proposed Order, # 3 TRO Checklist)(Chang, Trillium) (Docket Text Modified on 7/30/2026 by CRS.) (Entered: 07/30/2026)

#11

Jul 30, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/30/2026: The court has reviewed Petitioner's 10 Supplemental Motion for a Temporary Restraining Order. The court DENIES Petitioner's 10 Supplemental Motion because there is no basis for the relief sought; this court retains jurisdiction over Petitioner's Habeas Petition notwithstanding his transfer to a detention facility outside of this district. See Garcia-Ayala v. Andrews, No. 2:25-cv-02070-DJC-JDP, 2025 WL 2578167, at *3 (E.D. Cal. Sept. 5, 2025) (explaining that "the Court does not lose jurisdiction over [Petitioner's] pending habeas petition if Petitioner is transferred to another jurisdiction"). (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/30/2026)

#12

Jul 30, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Hemesath, Audrey) Modified on 8/4/2026 (KS). (Entered: 07/30/2026)

Jul 30, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#13

Aug 03, 2026

TRAVERSE/REPLY by Edwige Myrtil. (Attachments: # 1 Exhibit A) (Chang, Trillium) Modified on 8/7/2026 (KS). (Entered: 08/03/2026)

#14

Aug 07, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/7/2026: In Petitioner's 7 Motion for a Temporary Restraining Order, Petitioner contends that Respondents violated 8 C.F.R. §§ 241.4(l) and 241.13(i) by failing to refer the revocation of his release on an Order of Supervision to the Executive Associate Commissioner, failing to provide him an initial interview upon revocation of his release, and by failing to demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future. This court has previously found that the Government's failure to adhere to these regulations upon revocation of a noncitizen's release on an Order of Supervision constitutes a violation of the noncitizen's constitutional right to due process. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), and El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). In their 12 Opposition to Petitioner's 7 Motion, Respondents do not address the cases cited in the court's 9 Order, do not allege that the Government adhered to any of the revocation processes required under §§ 241.4(l) and 241.13(i), and do not otherwise address why their failure to adhere to those regulations should be excused. Accordingly, pursuant to the court's reasoning in Hoac, Vuong, and El-Ghazaly, Petitioner's 7 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Petitioner Edwige Myrtil (A-025-454-534) shall be RELEASED IMMEDIATELY from the Respondents' custody under the same conditions he was previously released under his Order of Supervision; and (2) Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 C.F.R. § 241.13(i). Upon further review, the court will not rule directly on the Petition at this time. Therefore, this case is REFERRED to the assigned Magistrate Judge for further proceedings. The Clerk of the Court is DIRECTED to serve a copy of this Order on the Central Valley Annex Detention Facility. (Text Only Entry) (cc: ICE-Central Valley Annex) (Deputy Clerk CRS) (Entered: 08/07/2026)

Aug 07, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings