Eastern District of California • 1:26-cv-06814

(HC) Aguilar Tabaco v. California City Detention Facility

Completed

Case Information

Filed: August 25, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 01, 2026
Last Activity: September 01, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 25, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Jenifer Xiomara Aguilar Tabaco. (Filing fee $ 5, receipt number ACAEDC-13781193) (Attachments: # 1 Affidavit, # 2 Evidence, # 3 Civil Cover Sheet) (Morales, Alfonso) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk LJB) (Entered: 08/25/2026)
Main Document: Immigration New Case Documents
#3
Aug 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Yu, GOVT added for All Respondents. (Yu, Jonathan) Modified on 8/31/2026 (KS). (Entered: 08/25/2026)
Main Document: DESIGNATION
#4
Aug 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER and PRELIMINARY INJUNCTION by Jenifer Xiomara Aguilar Tabaco. (Attachments: # 1 TRO Checklist, # 2 Affidavit, # 3 Petition) (Morales, Alfonso) Modified on 8/26/2026 (KS). (Entered: 08/25/2026)
Main Document: Temporary Restraining Order
#5
Aug 26, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/26/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 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 the legal issues raised by Counts One and Three of the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). 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 4 Motion for Temporary Restraining Order by 12:00 PM on 8/28/2026. 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, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 12:00 PM on 8/31/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Counts One and Three only, to the extent a ruling on either Count entitles Petitioner to the relief sought in 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: 08/26/2026)
Aug 26, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Aug 27, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 4 Motion for Temporary Restraining Order by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Yu, Jonathan) Modified on 9/2/2026 (KS). (Entered: 08/27/2026)
Main Document: ANSWER
#7
Aug 31, 2026
TRAVERSE/REPLY by Jenifer Xiomara Aguilar Tabaco. (Morales, Alfonso) Modified on 9/8/2026 (KS). (Entered: 08/31/2026)
Main Document: TRAVERSE/REPLY
#8
Sep 01, 2026
ORDER signed by District Judge Dena M. Coggins on 8/31/2026 GRANTING Petitioner's 1 petition for writ of habeas corpus and 4 motion for a temporary restraining order as follows: Petitioner Jenifer Xiomara Aguilar Tabaco (A-249-503-302) shall be released immediately from Respondents' custody with the same conditions she was subject to immediately prior to her detention on 8/20/2026. Respondents shall not impose any additional restriction on her, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered; and this order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. (cc ICE California City) CASE CLOSED (Deputy Clerk RRB) (Entered: 09/01/2026)
Main Document: Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
Sep 01, 2026
JUDGMENT dated *9/1/2026* pursuant to order signed by District Judge Dena M. Coggins on 8/31/2026. (Deputy Clerk RRB) (Entered: 09/01/2026)
Main Document: Judgment

Parties

California City Detention Facility
Party
(HC) Aguilar Tabaco
Party