Eastern District of California • 1:26-cv-06490
(HC) Ramirez Nunez v. Albarran
Completed
Case Information
Filed: August 14, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 21, 2026
Last Activity:
August 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 14, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Todd M. Lyons, Kristi Noem, Sergio Albarran, Pamela Bondi by Diover Hermes Ramirez Nunez. (Deputy Clerk SZ) (Entered: 08/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 14, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Diover Hermes Ramirez Nunez. (Deputy Clerk SZ) (Entered: 08/17/2026)
Main Document:
In Forma Pauperis
#3
Aug 14, 2026
MOTION to APPOINT COUNSEL by Diover Hermes Ramirez Nunez. (Deputy Clerk SZ) (Entered: 08/17/2026)
Main Document:
Appoint Counsel
#4
Aug 17, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 08/17/2026)
Main Document:
Immigration New Case Documents
#5
Aug 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Respondents. (Weger, Shelley) Modified on 8/18/2026 (HAH). (Entered: 08/17/2026)
Main Document:
DESIGNATION
Aug 17, 2026
Service by Mail
Aug 17, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Diover Hermes Ramirez Nunez. (Deputy Clerk SZ)
#6
Aug 18, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/18/2026: Petitioner, proceeding pro se, filed a 1 petition for writ of habeas corpus which the court construes as including a motion for temporary restraining order in light of petitioner's pro se status and because petitioner requests expedited relief. Pending the issuance of the court's order resolving the pending 1 motion for temporary restraining order, and unless and until the court orders otherwise, 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 1 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 Wednesday, 8/19/2026. 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: 08/18/2026)
Aug 18, 2026
RE-SERVICE BY MAIL: 6 Minute Order, 4 Immigration New Case Documents served on Diover Hermes Ramirez Nunez with corrected A Number. (Deputy Clerk HAH)
Aug 18, 2026
SERVICE BY MAIL: 6 Minute Order served on Diover Hermes Ramirez Nunez. (Deputy Clerk PAB)
Aug 18, 2026
Minute Order
Aug 18, 2026
Service by Mail
#7
Aug 19, 2026
OPPOSITION to 1 Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit 1 (NTA), # 2 Exhibit 2 (RAP Sheet), # 3 Exhibit 3 (2023 I-213), # 4 Exhibit 4 (Removal Order), # 5 Exhibit 5 (OSUP), # 6 Exhibit 6 (2026 I-213), # 7 Exhibit 7 (I-205), # 8 Exhibit 8 (I-294), # 9 Exhibit 9 (OSUP Revocation), # 10 Exhibit 10 (Third Country Removal), # 11 Exhibit 11 (Failure to Comply Notice), # 12 Exhibit 12 (Criminal Docket), # 13 Exhibit 13 (Criminal Docket))(Weger, Shelley) Modified on 8/21/2026 (HAH). (Entered: 08/19/2026)
Main Document:
OPPOSITION
#8
Aug 21, 2026
ORDER signed by District Judge Dale A. Drozd on 08/20/26 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE petitioner Diover Hermes Ramirez Nunez, A-File No. 201-343-885 from custody on the conditions, if any, he was subject to prior to his recent re-detention. 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; GRANTING 2 Motion to Proceed IFP; and DENYING AS MOOT 2 Motion to Appoint Counsel. Clerk to serve Central Valley Annex Detention Facility with this order, ENTER judgment in favor of Petitioner, and CLOSE case (cc: CVADF) CASE CLOSED. (Deputy Clerk AJB) (Entered: 08/21/2026)
#9
Aug 21, 2026
JUDGMENT dated *08/21/26* pursuant to order signed by District Judge Dale A. Drozd on 08/20/26. (Deputy Clerk AJB) (Entered: 08/21/2026)
Main Document:
Judgment
Aug 21, 2026
Service by Mail
Aug 21, 2026
SERVICE BY MAIL: 8 Order and 9 Judgment served on Diover Hermes Ramirez Nunez. (Deputy Clerk AJB)
#10
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 VLK) (Entered: 08/26/2026)
Main Document:
CONSENT/DECLINE
#11
Aug 24, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex P.O. Box 637 254 Taylor Avenue, McFarland, CA 93250 by Diover Hermes Ramirez Nunez. (Deputy Clerk VLK) (Entered: 08/26/2026)
Main Document:
Notice of Change of Address
Parties
Albarran
Party
(HC) Ramirez Nunez
Party