Eastern District of California • 1:26-cv-06775

#1

Aug 24, 2026

PETITION for WRIT of HABEAS CORPUS against Keitel Romero by Keitel Romero. (Deputy Clerk VLC) (Entered: 08/25/2026)

#2

Aug 24, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Keitel Romero. (Deputy Clerk VLC) (Entered: 08/25/2026)

#3

Aug 24, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Keitel Romero. (Deputy Clerk VLC) (Entered: 08/25/2026)

#4

Aug 24, 2026

MOTION to APPOINT COUNSEL by Keitel Romero. (Deputy Clerk VLC) (Entered: 08/25/2026)

#5

Aug 25, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 08/25/2026)

#6

Aug 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden of Central Valley Annex Detention Facility (Williams, Jonathan) (Entered: 08/25/2026)

#7

Aug 25, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/25/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 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). 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); 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)). 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 3 Motion for Temporary Restraining Order by 12:00 PM on 8/27/2026. In their response, Respondents 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 9/10/2026. 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 CRS) (Entered: 08/25/2026)

Aug 25, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Keitel Romero. (Text Only Entry) (Deputy Clerk CRS)

Aug 25, 2026

Service by Mail

Aug 25, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Keitel Romero. (Deputy Clerk VLC)

Aug 25, 2026

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

#8

Aug 27, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by Warden of Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Williams, Jonathan) Modified on 9/1/2026 (KS). (Entered: 08/27/2026)

#9

Aug 28, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/28/2026: In their 8 Opposition to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents "acknowledge that this Court has previously granted relief under similar circumstances" as those in this case, specifically where the government fails to provide evidence of compliance with the requirements set forth under 8 U.S.C. §§ 241.4(l), 241.13(i) regarding re-detention of a noncitizen to effectuate removal pursuant to a final order of removal beyond the 90-day removal window. See also Constantinovici v. Bondi, 806 F. Supp. 3d 1155, 1163 (S.D. Cal. Oct. 10, 2025) ("[8 U.S.C.] § 241.4(l)(1)'s procedural requirements apply equally to revocation of a noncitizen's release pursuant to § 241.4(l)(2)."). Further, Respondents concede that "[i]f the Court finds noncompliance with § 241.13(i), it should order release on the same supervision terms that governed before May 2026." Given Respondents provide no argument or evidence that they abided by these requirements, and indeed concede that they "lack[] evidence that [they] followed the governing regulations" (Doc. No. 8 at 2), this court finds that Petitioner is likely to prevail on the underlying 1 Petition for a Writ of Habeas Corpus on the basis that the government failed to comply with the revocation requirements under 8 U.S.C. §§ 241.4(l), 241.13(i). See 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). Accordingly, Petitioner's 3 Motion for a Temporary Restraining Order is GRANTED, and the court ORDERS the following: (1) Respondents shall IMMEDIATELY RELEASE Petitioner Keitel Romero (A-025-428-862) from Respondents' custody; and (2) Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 U.S.C. §§ 241.4, 241.13. This case is REFERRED to the assigned Magistrate Judge for further proceedings. The Clerk of the Court is directed to serve a copy of this order on the Central Valley Annex Detention Facility. (Text Only Entry) (cc: ICE Central Valley) (Deputy Clerk MCF) (Entered: 08/28/2026)

Aug 28, 2026

Service by Mail

Aug 28, 2026

SERVICE BY MAIL: 9 Minute Order served on Keitel Romero. (Deputy Clerk MCF)

Aug 28, 2026

Minute Order AND Order on Motion for TRO

#10

Sep 04, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/4/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus and Respondent be ordered to release petitioner from custody. Referred to Judge Dena Coggins. Objections due within 5 days after being served with these Findings and Recommendations. (Deputy Clerk VLK) (Entered: 09/04/2026)

Sep 04, 2026

Service by Mail

Sep 04, 2026

SERVICE BY MAIL: 10 Findings and Recommendations served on Keitel Romero. (Deputy Clerk VLK)

Sep 08, 2026

Service by Mail