Eastern District of California • 1:26-cv-05898

#1

Jul 28, 2026

PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd W. Blanche, Christopher Chestnut, Markwayne Mullin, David Venturella by Martin Rodriguez Botello. (Filing fee $ 5, receipt number ACAEDC-13650404) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ex. A: ICE Detainee Locator, # 3 Exhibit Ex. B: Form I-589, # 4 Exhibit Ex. C: EOIR Automated Case Information, # 5 Exhibit Ex. D: Order of IJ, # 6 Exhibit Ex. E: Dismissed Criminal Charge, # 7 Declaration Declaration of Attorney WBH)(Hedrick, Winthrop) (Entered: 07/28/2026)

#2

Jul 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Martin Rodriguez Botello. (Attachments: # 1 Civil Cover Sheet TRO Checklist, # 2 Exhibit Ex. A: ICE Detainee Locator, # 3 Exhibit Ex. B: Form I-589, # 4 Exhibit Ex. C: EOIR Automated Case Information, # 5 Exhibit Ex. D: Order of IJ, # 6 Exhibit Ex. E: Dismissed Criminal Charge, # 7 Declaration Declaration of Attorney WBH, # 8 Proposed Order Proposed Order)(Hedrick, Winthrop) (Entered: 07/28/2026)

#3

Jul 28, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/28/2026)

#4

Jul 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Sergio Albarran,Jonathan Yu, GOVT for Todd W. Blanche,Jonathan Yu, GOVT for Christopher Chestnut,Jonathan Yu, GOVT for Markwayne Mullin,Jonathan Yu, GOVT for David Venturella (Yu, Jonathan) (Entered: 07/29/2026)

#5

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 a Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order. Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for a Temporary Restraining Order by 12:00 PM on 8/3/2026. Petitioner may file a Reply by 12:00 PM on 8/5/2026. This matter is not set for a hearing, though the court may schedule one if it determines it 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

#6

Aug 01, 2026

OPPOSITION to 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Yu, Jonathan) Modified on 8/5/2026 (KS). (Entered: 08/01/2026)

#7

Aug 05, 2026

REPLY by Martin Rodriguez Botello re 6 Opposition,. (Hedrick, Winthrop) (Entered: 08/05/2026)

#8

Aug 05, 2026

Notice of Errata

#9

Aug 07, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/7/2026: In Petitioner's 2 Motion for a Temporary Restraining Order, Petitioner alleges that she has been detained pursuant to 8 U.S.C. § 1231(a)(6) since 7/23/2025, such that her continued detention has grown unconstitutionally prolonged under Zadvydas v. Davis, 533 U.S. 678 (2001). In their 6 Opposition, Respondents first contend that Petitioner's Motion for Injunctive Relief is improper because "Petitioner seeks only to alter the status quo by issuing an expedited order that would grant the ultimate relief sought... while depriving Respondents (and this Court) a full and fair opportunity for briefing on the merits." This court has previously rejected this same argument and does so again here. See Acevedo Duran v. Albarran, No. 1:26-cv-01108-DC-CKD, 2026 WL 539409, at *2 n.4 (Feb. 26, 2026). Second, Respondents argue that Petitioner's custody has been reviewed pursuant to regulation and the Government has determined that Petitioner constitutes a danger and flight risk such that continued detention is warranted. Under Zadvydas, however, a determination that the noncitizen is a flight risk or threat to community safety does not end the enquiry as to whether continued detention is warranted. Kibor v. Hernandez, No. 2:26-cv-01727-JNW, 2026 WL 2069949, at *3 (W.D. Wash. July 17, 2026) ("While a risk of flight may justify detention while removal is being accomplished... it does not authorize detention once removal is no longer reasonably foreseeable, because detention then no longer serves the purpose that justifies it."); Walter Antonio M.S. v. Chestnut, No. 2:26-cv-01134-TLN-AC, 2026 WL 2110882, at *4 (E.D. Cal. July 22, 2026) ("Petitioner's bond hearing does not cure Respondents' Zadvydas violation or alter this Court's findings... [B]ecause Respondents do not have authority to continue to detain Petitioner, the bond hearing is of no consequence."). Next, Respondents contend that "it is reasonably foreseeable that a third country will accept Petitioner and [Respondents are] working diligently to find a third country willing to accept Petitioner." Respondents attach to their Opposition as evidence of these diligent efforts [6-6] third country removal requests sent to Belize, Canada, Costa Rica, and Guatemala. Each of those requests is dated 6/6/2025 and each consulate returned the request indicating that the country would not accept Petitioner. Evidence demonstrating that Respondents failed to remove Petitioner to a third country fourteen months ago is plainly insufficient to demonstrate the likelihood of removal to a third country now. Finally, Respondents contend that they may continue to detain Petitioner under 8 U.S.C. § 1231(a)(1)(C) because Petitioner "has not been cooperative" in efforts to remove her to a third country, citing Pelich v. I.N.S., 329 F.3d 1057, 1060 (9th Cir. 2003). However, in Pelich, there was "significant evidence" that the petitioner "steadfastly refused to fill out a Polish passport application," and "provide[d] [immigration authorities] with conflicting information regarding his name, his parents' names, his parents' birthplaces and residences, his birthplace and his nationality." Pelich, 329 F. 3d at 1059. Respondents have provided no such evidence of obstruction here. Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is GRANTED as follows: Petitioner Martin Rodriguez Botello, also known as Marissa Marolin (A-089-946-961) shall be RELEASED IMMEDIATELY from the Respondents' custody under the same conditions she was previously released under her 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). 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 California City Detention Facility. (Text Only Entry) (cc: ICE-California City) (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