Eastern District of California • 1:26-cv-06869

#1

Aug 28, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Adriano Gayer Xavier. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk DAR) (Entered: 08/31/2026)

#2

Aug 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Adriano Gayer Xavier. (Attachments: # 1 TRO Checklist) (Deputy Clerk DAR) (Entered: 08/31/2026)

Aug 28, 2026

RECEIPT number 100009393 for $5.00 from Adriano Gayer Xavier. (Deputy Clerk DAR)

#3

Aug 31, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/31/2026)

#4

Aug 31, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/31/2026: 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 held that noncitizens are entitled to a post-deprivation bond hearing when they are detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status (see, e.g., Dandamudi v. Warden, No. 1:26-cv-03567-DC-CSK, Doc. No. 8 (E.D. Cal. May 29, 2026) (finding prudential exhaustion purposes satisfied by relief sought, granting temporary restraining order, and ordering a bond hearing under 8 U.S.C. § 1226(a) where the petitioner had overstayed their H-1B status); Gutierrez Nunez v. Warden of the Golden State Annex Det. Fac., No. 1:26-cv-03932-DC-CKD, No. 8 (E.D. Cal. June 16, 2026) (same for the noncitizen who had overstayed a B-2 visa). 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 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 9/2/2026. 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 prior cases cited above. Petitioner may file a Reply by 12:00 PM on 9/16/2026. 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: 08/31/2026)

Aug 31, 2026

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

Aug 31, 2026

Service by Mail

Aug 31, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Adriano Gayer Xavier. (Text Only Entry) (Deputy Clerk CRS)

Aug 31, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Adriano Gayer Xavier. (Deputy Clerk DAR)

#5

Sep 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex (Andrews, Anthony) (Entered: 09/01/2026)

#6

Sep 02, 2026

MOTION to DISMISS 1 Petition for Writ of Habeas Corpus; OPPOSITION to 2 Motion for Temporary Restraining Order and All Relief filed by Warden, Central Valley Annex. (Andrews, Anthony) (Docket Text Modified on 9/2/2026 by CRS.) (Entered: 09/02/2026)

#7

Sep 02, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/2/2026: In their 6 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents argue that Petitioner is detained under 8 U.S.C. § 1226(a) after being charged as deportable under 8 U.S.C. § 1227 for failing to maintain or comply with the terms of his F-1 status, and that Petitioner is not entitled to habeas relief because he failed to meet his burden of proof. Under the binding precedent set forth in Rodriguez Vazquez v. Bostock, 183 F.4th 1160 (9th Cir. July 30, 2026), noncitizens subject discretionary detention under 8 U.S.C. § 1226(a) are entitled to a bond hearing before an Immigration Judge. Respondents acknowledge that Petitioner has not received a bond bearing, and that "Petitioner is free to request" one. Further, this court has previously held that noncitizens are entitled to a post-deprivation bond hearing when they are detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status (see, e.g., Dandamudi v. Warden, No. 1:26-cv-03567-DC-CSK, Doc. No. 8 (E.D. Cal. May 29, 2026) (finding prudential exhaustion purposes satisfied by relief sought, granting temporary restraining order, and ordering a bond hearing under 8 U.S.C. § 1226(a) where the petitioner had overstayed their H-1B status); Gutierrez Nunez v. Warden of the Golden State Annex Det. Fac., No. 1:26-cv-03932-DC-CKD, No. 8 (E.D. Cal. June 16, 2026) (same for the noncitizen who had overstayed a B-2 visa). Respondents' attempt to distinguish those cases on the ground that Petitioner was detained after being arrested for forgery is unpersuasive. Ordering a bond hearing here will provide Petitioner with the process he is entitled to under 8 U.S.C. § 1226(a) and satisfy the purposes for requiring prudential exhaustion, given a bond hearing: (1) enables DHS to generate a proper record and reach a proper decision; (2) does not encourage deliberate bypass of the administrative scheme; and (3) allows administrative review to determine whether Petitioner's detention pending removal proceedings was erroneous. See Hernandez v. Sessions, 872 F.3d 976, 988 (9th Cir. 2017). Therefore, this court finds that Petitioner is likely to prevail on the merits of the underlying 1 Petition and accordingly GRANTS Petitioner's 2 Motion for a Temporary Restraining Order, as follows: (1) Respondents are ORDERED to, within fourteen days of the date of entry of this Order, provide Petitioner Adriano Gayer Xavier (A-222-597-552) with a bond hearing before an Immigration Judge at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; (2) Respondents are ORDERED to provide Petitioner with seven days' advance notice of the date and time of the scheduled bond hearing and allow Petitioner to have counsel present at the hearing should he so desire; (3) if Respondents fail to provide the bond hearing as ordered, Petitioner shall be immediately released from Respondents' custody; (4) within seventeen days from the date of entry of this Order, Respondents shall file a notice certifying compliance with this Order, and, as applicable, attach a copy of the Immigration Judge's Order from the bond hearing. This matter 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 Annex) (Deputy Clerk CRS) (Entered: 09/02/2026)

Sep 02, 2026

Service by Mail

Sep 02, 2026

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

Sep 02, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings