Eastern District of California • 1:26-cv-06506
(HC) Emmanuel v. Warden of Central Valley Annex Detention Facility
Active
Case Information
Filed: August 17, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 10, 2026
Parties:
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Docket Entries
#1
Aug 17, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Romelle Emmanuel. (Filing fee $ 5, receipt number ACAEDC-13737463) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Jackson, Nneka) Modified on 8/24/2026 (KS). (Entered: 08/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/17/2026)
Main Document:
Immigration New Case Documents
#3
Aug 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. (Andrews, Anthony) Modified on 8/24/2026 (KS). (Entered: 08/17/2026)
Main Document:
DESIGNATION
#4
Aug 24, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Romelle Emmanuel for Awilda Maria Serra to appear Pro Hac Vice. (Jackson, Nneka) Modified on 8/28/2026 (KS). (Additional attachment(s) added on 9/4/2026: # 1 Certificate of Good Standing) (JJD). (Entered: 08/24/2026)
Main Document:
Miscellaneous Relief
#5
Aug 24, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Romelle Emmanuel.(Jackson, Nneka) (Entered: 08/24/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
Sep 02, 2026
PAYMENT for 4 Pro Hac Vice Application in the amount of $ 300, receipt number ACAEDC-13816429. (Jackson, Nneka)
#6
Sep 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Romelle Emmanuel. (Jackson, Nneka) (Entered: 09/03/2026)
Main Document:
Temporary Restraining Order
#7
Sep 03, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 9/3/2026: Pending the issuance of the court's order resolving the pending 6 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 6 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 6 motion for temporary restraining order by 5:00 PM on Friday, 9/4/2026. 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. Respondents are further directed to include in their opposition the detention authority or authorities identified by or relied upon by the detaining agency at the time of detention as the basis for detention and verifying evidence of the same, which may consist of a declaration from a person with knowledge or documentation of any steps the detaining agency had taken to comply with the procedural requirements of that detention authority or authorities prior to judicial intervention. If respondents' counsel is not aware of the detention authority or authorities identified by the agency at the time of detention, they are directed to so state in their opposition. Respondents are also directed to clearly identify in their opposition the source of any other proposed detention authority, including, for instance, a recent review of the detention's factual circumstances by respondents' counsel. Where a detention authority is relied upon in any opposition filed without specifying its source, the court may presume, based on the court's discussions with respondents' counsel at hearings in prior similar cases, that it is based solely on counsel's recent review of the factual circumstances surrounding the petitioner's detention. (Deputy Clerk PAB) (Entered: 09/03/2026)
Sep 03, 2026
Minute Order
#8
Sep 04, 2026
OPPOSITION to 5 Amended Petition for Writ of Habeas Corpus and 6 Motion for Temporary Restraining Order by Respondents. (Andrews, Anthony) Modified on 9/9/2026 (HAH). (Entered: 09/04/2026)
Main Document:
OPPOSITION
#9
Sep 08, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 09/04/26 GRANTING 4 Application for Pro Hac Vice. Added attorney Awilda Maria Serra, PHV for Romelle Emmanuel. The Pro Hac Vice Attorney is directed to request Pro Hac Vice access for the Eastern District of California through PACER. (Deputy Clerk VLC) (Entered: 09/08/2026)
#10
Sep 10, 2026
REPLY by Romelle Emmanuel re 8 Response. (Serra, Awilda) (Entered: 09/10/2026)
Main Document:
REPLY
Parties
(HC) Emmanuel
Party
Warden of Central Valley Annex Detention Facility
Party