Eastern District of California • 1:26-cv-05943

#1

Jul 29, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin by Jose Alejandro Juarez Barrientos. (Filing fee $ 5, receipt number ACAEDC-13654033) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Lal, Prerna) (Entered: 07/29/2026)

#2

Jul 29, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/29/2026)

#3

Jul 29, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Alejandro Juarez Barrientos. (Attachments: # 1 Notice, # 2 Memorandum, # 3 Proposed Order, # 4 Declaration)(Lal, Prerna) (Entered: 07/29/2026)

#4

Jul 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Polly Kaiser,Elisa M. Rodriguez for Todd Lyons,Elisa M. Rodriguez for Gerald Moss,Elisa M. Rodriguez for Markwayne Mullin (Rodriguez, Elisa) (Entered: 07/29/2026)

#5

Jul 29, 2026

MINUTE ORDER signed by District Judge Noel Wise on 7/29/2026: The Court is in receipt of Petitioner's Writ of Habeas Corpus ("Petition") and Motion for Temporary Restraining Order ("TRO"). The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the TRO. 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."); 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents to file a Response to the 1 Habeas Petition within 3 court days of this order. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply within 5 court days of this order. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. (Text Only Entry) (Thomas, Julia) (Entered: 07/29/2026)

Jul 29, 2026

Minute Order

#6

Jul 30, 2026

NOTICE of Lodging Supplemental Exhibits by Jose Alejandro Juarez Barrientos re 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lal, Prerna) (Entered: 07/30/2026)

#7

Aug 03, 2026

OPPOSITION by Respondents Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin to 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 08/03/2026)

#8

Aug 05, 2026

REPLY by Jose Alejandro Juarez Barrientos re 7 Opposition. (Lal, Prerna) (Entered: 08/05/2026)

#9

Aug 07, 2026

ORDER signed by District Judge Noel Wise on 8/7/2026 GRANTING 3 Motion for TRO. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Jose Alejandro Juarez Barrientos (A248-002-217) from their custody. (Thomas, Julia) (Entered: 08/07/2026)

#10

Aug 14, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Alejandro Juarez Barrientos. (Attachments: # 1 Notice, # 2 Exhibit, # 3 Declaration, # 4 Proposed Order)(Lal, Prerna) (Entered: 08/14/2026)

#11

Aug 14, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/14/2026: The Court is in receipt of the 10 application for a temporary restraining order filed today. Respondents may file a response by 8/15/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/14/2026)

Aug 14, 2026

Minute Order

#12

Aug 15, 2026

OPPOSITION by Respondents Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin to 10 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 08/15/2026)

#13

Aug 15, 2026

ORDER signed by District Judge Noel Wise on 8/15/2026 DENYING 10 Motion for TRO. (Thomas, Julia) (Entered: 08/15/2026)

#14

Aug 18, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Alejandro Juarez Barrientos. (Attachments: # 1 Notice, # 2 Memorandum, # 3 Declaration, # 4 Exhibit, # 5 Declaration, # 6 Declaration, # 7 Proposed Order)(Lal, Prerna) (Entered: 08/18/2026)

#15

Aug 18, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/18/2026: The Court is in receipt of Petitioner's 14 application for a temporary restraining order filed today. Respondents may file a response by 8/20/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/18/2026)

Aug 18, 2026

Minute Order

#16

Aug 20, 2026

OPPOSITION by Respondents Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin to 14 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 08/20/2026)

#17

Aug 21, 2026

REPLY by Jose Alejandro Juarez Barrientos re 16 Opposition. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lal, Prerna) (Entered: 08/21/2026)

#18

Aug 21, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/21/2026: The Court has reviewed Respondents' 16 opposition and request for a stay to file an updated response, as well as Petitioner's 17 reply. By 8/24/26, Respondents shall file a response indicating their position as to DHS's authority to place Petitioner on supervision, including requiring Petitioner to submit photographs, participate in in-home and office check-ins, and obtain permission before leaving the Maryland, Virginia, and District of Columbia area. (Text Only Entry) (Thomas, Julia) (Entered: 08/21/2026)

#19

Aug 21, 2026

OPPOSITION by Respondents Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin to 1 Petition for Writ of Habeas Corpus,. (Rodriguez, Elisa) (Entered: 08/21/2026)

Aug 21, 2026

Minute Order

#20

Aug 24, 2026

SUPPLEMENT by Todd Blanche, Polly Kaiser, Todd Lyons, Gerald Moss, Markwayne Mullin re 16 Opposition. (Rodriguez, Elisa) (Entered: 08/24/2026)

#21

Aug 25, 2026

MINUTE ORDER signed by District Judge Noel Wise on 8/25/2026: On August 7, 2026, the Court entered a preliminary injunction ordering Respondents to "release Petitioner from custody" on the grounds that they had violated 8 USC § 1226(a) by failing to obtain a warrant prior to arresting and detaining Petitioner. ECF No. 9 at 6. The Court reserved ruling on Petitioner's due process claims and instead directed the parties to file additional briefing with respect to the underlying habeas petition. Id. Petitioner contends in the instant application for injunctive relief (ECF No. 14) that enrolling him in "GPS monitoring, ISAP or ATD supervision, recurring ICE or BI reporting, home visits, geographic restrictions, scheduling controls, or any comparable restraints" is a violation of this Court's injunction. ECF No. 14-2 at 2. Respondents note in opposition that "DHS removed the GPS ankle monitor, terminated Petitioner from the ATD program, and is [sic] not on any form of monitoring system[,]" but oppose the Court permanently enjoining ICE from imposing reasonable conditions of supervision on Petitioner. ECF No. 20 at 2. A TRO, like all injunctive relief, "is an extraordinary remedy never awarded as of right." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). The legal standard for issuing a TRO is essentially identical to the standard for issuing a preliminary injunction. See Stuhlbarg Int'l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). Under the Winter standard, a party must show that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest. Winter, 555 U.S. at 20.Petitioner has not satisfied this test because the Court's prior Order did not enjoin the Government from placing Petitioner on supervision pursuant to 8 U.S.C. § 1226(a). Rather, the Order found Petitioner's current detention unlawful as the Government had failed to abide by 8 U.S.C. § 1226(a) and its implementing regulations in arresting Petitioner—i.e., the statutory authority both parties' acknowledge is at issue in this case. See ECF No. 1 62-70; ECF No. 7 at 1. Petitioner has not presented any authority suggesting 8 U.S.C. § 1226(a) and its implementing regulations would be violated if Petitioner is subjected to supervision by DHS. Indeed, Respondents note that "[w]hen DHS releases noncitizens detained for the first time, they are often released on some form of conditional parole pursuant to INA Section 236(a)(2)(B)[,]" and that "[c]onditional parole may include routine administrative systems such as electronic monitoring and scheduled reporting, ensuring that the noncitizen is compliant while in removal proceedings." ECF No. 20 at 1. Accordingly, Petitioner's application at ECF No. 14 is DENIED. (Text Only Entry) (Thomas, Julia) (Entered: 08/25/2026)

Aug 25, 2026

Minute Order AND Order on Motion for TRO