Eastern District of California • 1:26-cv-06037

(HC) Paul v. U.S. Immigration and Customs Enforcement

Active

Case Information

Filed: July 31, 2026
Assigned to: Dena M. Coggins
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 31, 2026
PETITION for WRIT of HABEAS CORPUS against U.S. Immigration and Customs Enforcement and MOTION for TEMPORARY RESTRAINING ORDER by Wendley Paul. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document: Temporary Restraining Order
Aug 03, 2026
RECEIPT number 100009018 for $5.00 from Wendley Paul. (Deputy Clerk DAR)
#2
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document: Immigration New Case Documents
#3
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for U.S. Immigration and Customs Enforcement (Yu, Jonathan) (Entered: 08/04/2026)
Main Document: DESIGNATION
#4
Aug 04, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/4/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 1 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). 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 1 Motion for Temporary Restraining Order by 12:00 PM on 8/6/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 8/20/2026. Both parties should address whether they oppose the court ruling directly on 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: 08/04/2026)
Aug 04, 2026
Service by Mail
Aug 04, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Wendley Paul. (Text Only Entry) (Deputy Clerk CRS)
Aug 04, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Wendley Paul. (Deputy Clerk DAR)
Aug 04, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#5
Aug 05, 2026
OPPOSITION to Injunctive Relief and Opposition to Petition for Writ of Habeas Corpus filed by Respondent U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Yu, Jonathan) (Docket Text Modified on 8/13/2026 by CRS.) (Entered: 08/05/2026)
Main Document: OPPOSITION
#6
Aug 13, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/13/2026: In Respondents' 5 Opposition to Petitioner's 1 Motion for a Temporary Restraining Order, Respondents concede that Petitioner lawfully entered the United States with a visa but overstayed his visa such that he is detained pursuant to 8 U.S.C. § 1226(a). Respondents further concede that Petitioner is entitled to a bond hearing under that section but emphasize that Petitioner has twice scheduled bond hearings before an Immigration Judge and twice withdrew his requests before the bond hearing took place. Accordingly, as both parties agree that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), and that he is entitled to a bond hearing under that section, Petitioner's 1 Motion for a Temporary Restraining Order is GRANTED as follows: Within fourteen (14) days, Respondents are ORDERED to provide Petitioner Wendley Paul (A-200-467-562) a bond hearing before an Immigration Judge pursuant to 8 C.F.R. § 1236.1(c)(8) at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and (2) if Respondents fail to provide Petitioner a bond hearing within fourteen (14) days, Petitioner shall be immediately released from Respondents' custody. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/13/2026)
Aug 13, 2026
Service by Mail
Aug 13, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Wendley Paul. (Text Only Entry) (Deputy Clerk CRS)
Aug 13, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings
#7
Aug 14, 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. (Deputy Clerk AKP) (Entered: 08/17/2026)
Main Document: CONSENT/DECLINE
#8
Aug 26, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/26/2026: On 8/13/2026, the court granted petitioner's motion for temporary restraining order, ordered that petitioner be provided a bond hearing within fourteen days, and referred the matter to me for further proceedings. ECF No. 7 . The parties are hereby ordered to file status reports by 9/2/2026 to update the court on the status of the bond hearing and petitioner's detention, notify the court of their plans for how to proceed with litigation, and suggest a proposed schedule for further briefing on the merits of the petition. Alternatively, the parties may file a joint stipulation to voluntarily dismiss this action under Federal Rule of Civil Procedure 41. (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/26/2026)
Aug 26, 2026
SERVICE BY MAIL: 8 Minute Order served on Wendley Paul. (Deputy Clerk NAC)
Aug 26, 2026
Service by Mail
Aug 26, 2026
Minute Order
#9
Aug 31, 2026
STATUS REPORT by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 08/31/2026)
Main Document: STATUS
#10
Sep 02, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/2/2026: Respondent filed a status report on 8/31/2026 indicating that petitioner has been denied bond in immigration court. ECF No. 9 . Within seven days of this order, respondent shall file an answer to the petition, ECF No. 1, or notify the court that it intends to stand on its previous filing at ECF No. 5 . Petitioner shall have seven days from the date of service of respondent's answer to file an optional reply. The matter will thereafter be deemed submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/02/2026)
Sep 02, 2026
SERVICE BY MAIL: 10 Minute Order served on Wendley Paul. (Deputy Clerk NAC)
Sep 02, 2026
Minute Order
Sep 02, 2026
Service by Mail
#11
Sep 09, 2026
NOTICE of INTENT to Stand on Previous 5 Filing by U.S. Immigration and Customs Enforcement. (Yu, Jonathan) Modified on 9/15/2026 (KS). (Entered: 09/09/2026)
Main Document: Notice (Other)
#12
Sep 25, 2026
SUPPLEMENTAL MOTION for Release from Immigration Detention, or in the alternative, for an Individualized Bond/Custody Hearing by Wendley Paul. (Deputy Clerk LMS) (Entered: 09/28/2026)
Main Document: Miscellaneous Relief
#13
Sep 29, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 9/29/2026: The court has reviewed Petitioner's 12 Supplemental Motion. Respondents shall file an Opposition or Statement of Non-Opposition to that 12 Motion by 12:00 PM on 10/2/2026. In their response, Respondents shall attach: (i) a transcript or audio recording of the custody redetermination hearing Petitioner received, (ii) a copy of the Immigration Judge's order, and (iii) evidence of the advance notice Petitioner was provided about the time and date of the hearing. Petitioner may file a Reply by 10/20/2026. 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 MCF) (Entered: 09/29/2026)
Sep 29, 2026
SERVICE BY MAIL: 13 Minute Order served on Wendley Paul. (Deputy Clerk MCF)
Sep 29, 2026
Service by Mail
Sep 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#14
Oct 02, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by U.S. Immigration and Customs Enforcement re 13 . Date & Time 08/27/2026 13:00, Duration 00:20:11. File size [9.6 MB]. (Yu, Jonathan) (Entered: 10/02/2026)
Main Document: DIGITAL
#15
Oct 02, 2026
OPPOSITION by U.S. Immigration and Customs Enforcement to 12 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) (Entered: 10/02/2026)
Main Document: Opposition to Motion

Parties

(HC) Paul
Party
U.S. Immigration and Customs Enforcement
Party