Northern District of California • 3:26-cv-07853

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-22268401.). Filed by Roberts Nemiro. (Heilbrun, Sarah Kate) (Filed on 7/28/2026) (Entered: 07/28/2026)

#2

Jul 28, 2026

Proposed Summons. (Heilbrun, Sarah Kate) (Filed on 7/28/2026) (Entered: 07/28/2026)

#3

Jul 29, 2026

MOTION for Temporary Restraining Order filed by Roberts Nemiro. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Affidavit Affidavit of Counsel, # 3 Proposed Order Proposed Order)(Heilbrun, Sarah Kate) (Filed on 7/29/2026) (Entered: 07/29/2026)

#4

Jul 29, 2026

NOTICE of Appearance filed by Michael J. Starrett on behalf of Sergio Albarran, Todd W. Blanche, Todd M. Lyons, Markwayne Mullin (Starrett, Michael) (Filed on 7/29/2026) (Entered: 07/29/2026)

#5

Jul 29, 2026

Case assigned to Judge James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 7/29/2026) (Entered: 07/29/2026)

#6

Jul 29, 2026

Summons Issued as to USA

Jul 29, 2026

~Util - Case Assigned by Intake

Jul 29, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

#7

Jul 30, 2026

Opposition/Response to Motion

#8

Aug 03, 2026

Reply to Opposition/Response

#9

Aug 06, 2026

ORDER. Petitioner Nemiro's application for a temporary restraining order, Dkt. No. 3, is denied. Nemiro did not demonstrate a likelihood of success on the merits. The predetention hearing cases Nemiro cited are distinguishable because they involved noncitizens whom the government previously "determined not to be a danger to the community," Hernandez v. Sessions, 872 F.3d 976, 994 (9th Cir. 2017), a factor not present with Nemiro, who simply overstayed his O-1 visa. Nemiro also did not establish that he was subjected to a warrantless arrest. Consequently, the extraordinary relief of a TRO is not warranted. The parties are directed to jointly propose a briefing schedule for the habeas petition by August 24, 2026. Signed by Judge James Donato on 08/06/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/6/2026) (Entered: 08/06/2026)

Aug 06, 2026

Order AND ~Util - Terminate Motions

#10

Aug 07, 2026

Certificate/Proof of Service

#11

Aug 20, 2026

Amended Petition