Eastern District of California • 1:26-cv-06462

#1

Aug 13, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by ANDY ORE FALCON. (Filing fee $ 5, receipt number ACAEDC-13729329) (Attachments: # 1 Civil Cover Sheet) (Aldana, Francisco) Modified on 8/24/2026 (KS). (Entered: 08/13/2026)

#2

Aug 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by ANDY ORE FALCON. (Attachments: # 1 Declaration Declaration of Francisco Aldana in Support of TRO)(Aldana, Francisco) (Entered: 08/13/2026)

#3

Aug 14, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/14/2026)

#4

Aug 14, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/14/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Monday, 8/17/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 08/14/2026)

#5

Aug 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. (Andrews, Anthony) Modified on 8/24/2026 (KS). (Entered: 08/14/2026)

#6

Aug 14, 2026

NOTICE of RELATED CASE(S) 1:26-cv-06462-DAD-CSK, 1:26-cv-00181-WBS-EFB by All Respondents. (Andrews, Anthony) Modified on 8/24/2026 (KS). (Entered: 08/14/2026)

Aug 14, 2026

Minute Order

#7

Aug 17, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Charles Campbell, GOVT added for All Respondents. Attorney Anthony Andrews terminated. (Campbell, Charles) Modified on 8/24/2026 (KS). (Entered: 08/17/2026)

#8

Aug 17, 2026

OPPOSITION to 2 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Campbell, Charles) Modified on 8/24/2026 (KS). (Entered: 08/17/2026)

Aug 17, 2026

PARTY UPDATE: Petitioner's last name has been changed from Falcon to Ore-Falcon pursuant to EOIR locator. (Deputy Clerk KLY)

#9

Aug 18, 2026

REPLY to 8 Opposition to Motion for Temporary Restraining Order by Andy Alex Ore-Falcon. (Aldana, Francisco) Modified on 8/25/2026 (KS). (Entered: 08/18/2026)

#10

Aug 19, 2026

ORDER NOT RELATING CASES signed by Senior Judge William B. Shubb on 8/18/2026. (Deputy Clerk OML) (Entered: 08/19/2026)

#11

Aug 21, 2026

ORDER signed by District Judge Dale A. Drozd on 08/20/26 DIRECTING the Parties to file supplemental letter briefs no longer than two-pages, single-spaced, addressing the effect, if any, on this habeas proceeding of petitioner's apparent acceptance of voluntary departure by 08/25/26. (Deputy Clerk KML) (Entered: 08/21/2026)

#12

Aug 21, 2026

SUPPLEMENTAL BRIEFING by All Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit) (Campbell, Charles) Modified on 8/26/2026 (KS). (Entered: 08/21/2026)

#13

Aug 25, 2026

RESPONSE BRIEF by Andy Alex Ore-Falcon. (Aldana, Francisco) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)

#14

Sep 04, 2026

NOTICE of RELATED CASE(S) 1:26-cv-07019-DAD-CSK by Markwayne Mullin, M. Wofford. (Williams, Jonathan) (Entered: 09/04/2026)

#16

Oct 09, 2026

ORDER signed by District Judge Dale A. Drozd on 10/09/2026 GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Andy Alex Ore-Falcon (A# 249-453-474) from Respondents' cust ody. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, without providing Petitioner notice and a pre-detention hearing before an immigration judge, at which hearing the burden will be set in accordance with 8 U.S.C. § 1226(a) and its implementing regulations. Petitioner's 2 Motion for Temporary Restraining Order is DENIED as having been rendered moot by this order granting habeas relief. CASE CLOSED. (cc: Mesa Verde) (Deputy Clerk KS)

#17

Oct 09, 2026

Judgment

#18

Oct 13, 2026

Order