Eastern District of California • 1:26-cv-06309

#1

Aug 10, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Eliexer Cortes Labrada. (Deputy Clerk DAR) (Entered: 08/11/2026)

#2

Aug 10, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Eliexer Cortes Labrada. (Deputy Clerk DAR) (Entered: 08/11/2026)

#3

Aug 10, 2026

MOTION to APPOINT COUNSEL by Eliexer Cortes Labrada. (Deputy Clerk DAR) (Entered: 08/11/2026)

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Aug 11, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/11/2026)

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Aug 11, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex Detention Facility (Yu, Jonathan) (Entered: 08/11/2026)

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Aug 11, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/11/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 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). Petitioner appears to have been released from immigration custody previously, but it is unclear whether Petitioner is in active removal proceedings, and if so, what the status of those proceedings are. This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (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); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order. 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). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/13/2026. In their response, Respondents shall indicate whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 8/27/2026. Finally, 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). Both parties shall 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: 08/11/2026)

Aug 11, 2026

RECEIPT number 100009160 for $5.00 for Eliexer Cortes Labrada from Geo Secure Services, LLC. (Deputy Clerk DAR)

Aug 11, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Eliexer Cortes Labrada. (Text Only Entry) (Deputy Clerk CRS)

Aug 11, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Eliexer Cortes Labrada. (Deputy Clerk DAR)

Aug 11, 2026

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

Aug 11, 2026

Service by Mail

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Aug 13, 2026

OPPOSITION to Injunctive Relief and Opposition to Habeas Petition filed by Respondent Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Jonathan) (Docket Text Modified on 8/13/2026 by CRS.) (Entered: 08/13/2026)

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Aug 24, 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 VLC) (Entered: 08/25/2026)

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Aug 31, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/31/2026: In Respondents' 7 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner became subject to a final order of removal on 6/22/2026 after he failed to appeal his order of removal to the Board of Immigration Appeal. Respondents attach Petitioner's [7-1] order of removal to their Opposition. Respondents further contend that there is no other stay on Petitioner's order of removal such that his current detention is mandatory under 8 U.S.C. § 1231(a). See 8 U.S.C. § 1231(a)(2)(A) ("During the removal period, the [Government] shall detain the alien."). Petitioner did not file a reply, and his time to do so has expired. Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his immigration detention violates his constitutional or statutory rights, and his 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/31/2026)

Aug 31, 2026

Service by Mail

Aug 31, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 9, served on Eliexer Cortes Labrada. (Text Only Entry) (Deputy Clerk CRS)

Aug 31, 2026

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

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Sep 02, 2026

ORDER signed by Magistrate Judge Sean C. Riordan on 9/2/26 GRANTING 3 Motion to Appoint Counsel. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel� 39;s contact information to Shelly Her, Courtroom Deputy for Magistrate Judge Sean Riordan, via email at sher@caed.uscourts.gov who shall update the docket to reflect counsel's appointment. Based on the appointment of counsel, the court sua sponte grants Petitioner leave to file a brief on the merits within 21 days from the date of this order. (cc Federal Defender Habeas Appointment) (Deputy Clerk JAW)

Sep 02, 2026

SERVICE BY MAIL: 10 Order served on Eliexer Cortes Labrada. (Deputy Clerk JAW)

Sep 02, 2026

Service by Mail

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Sep 03, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/3/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 10 . Attorney Carolyn Wiggin is hereby APPOINTED as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Carolyn Wiggin, 801 I St., 3rd Floor, Sacramento, CA 95814, 916-498-5700, Caroly_Wiggin@fd.org as counsel for Petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 9/2/2026, order (ECF No. 10 ). (Deputy Clerk SH) (Entered: 09/03/2026)

Sep 03, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

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Oct 07, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/6/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and Respondent be ordered to immediately release Petiitoner. Referred to Judge Dena Coggins. Objections due within 7 days after being served with these Findings and Recommendations. (Deputy Clerk VLK)