Eastern District of California • 1:26-cv-06649

#1

Aug 20, 2026

PETITION for WRIT of HABEAS CORPUS against Facility Administrator, Mesa Verde Detention Center by Kevin David Tovar Suan. (Deputy Clerk AJB) (Entered: 08/20/2026)

#2

Aug 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Kevin David Tovar Suan. (Deputy Clerk AJB) (Entered: 08/20/2026)

#3

Aug 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 08/20/2026)

#4

Aug 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Facility Administrator, Mesa Verde Detention Center (Disparte, Quinn) (Entered: 08/20/2026)

#5

Aug 20, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/20/2026: 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). Further, this court has previously addressed claims 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); El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025). 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 2 Motion for Temporary Restraining Order by 12:00 PM on 8/24/2026. 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 the applicable aforementioned cases. Petitioner may file a Reply by 9/7/2026. 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 MCF) (Entered: 08/20/2026)

Aug 20, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Aug 20, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Kevin David Tovar Suan. (Deputy Clerk AJB)

Aug 20, 2026

SERVICE BY MAIL: 5 Minute Order served on Kevin David Tovar Suan. (Deputy Clerk MCF)

Aug 20, 2026

Service by Mail

Aug 21, 2026

RE-SERVICE BY MAIL: 3 Immigration New Case Documents, 5 Minute Order, served on Kevin David Tovar Suan with A No. (Deputy Clerk HAH)

Aug 21, 2026

Service by Mail