Eastern District of California • 1:26-cv-07136

#1

Sep 04, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Central Valley Annex, Warden, Markwayne Mullin, David Venturella by Diego Sebastian McNally Cerros. (Filing fee $ 5, receipt number ACAEDC-13834411) (Attachments: # 1 Exhibit I-94, # 2 Exhibit Biometrics Appointment, # 3 Exhibit Criminal Case Disposition)(Monsalve, Alejandro) (Entered: 09/04/2026)

#2

Sep 04, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Diego Sebastian McNally Cerros. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 09/04/2026)

#3

Sep 04, 2026

CIVIL COVER SHEET filed by Diego Sebastian McNally Cerros. (Monsalve, Alejandro) (Entered: 09/04/2026)

#4

Sep 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 09/04/2026)

#5

Sep 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Carmen Idalia Paniagua for Todd Blanche,Carmen Idalia Paniagua for Markwayne Mullin,Carmen Idalia Paniagua for David Venturella,Carmen Idalia Paniagua for Warden, Central Valley Annex (Paniagua, Carmen) (Entered: 09/07/2026)

#6

Sep 08, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/8/2026: 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, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Count One 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); 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 2 Motion for Temporary Restraining Order by 12:00 PM on 9/10/2026. 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 9/11/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 12:00 PM on 9/8/2026. 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: 09/08/2026)

Sep 08, 2026

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

#7

Sep 10, 2026

OPPOSITION by Respondents Todd Blanche, Markwayne Mullin, David Venturella, Warden, Central Valley Annex to 6 Minute Order,,,,,,,,,,, Set Motion and F&R Deadlines/Hearings,,,,,,,,,, 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (NTA), # 3 Exhibit 3 (I-261), # 4 Exhibit 4 (RAP))(Paniagua, Carmen) (Entered: 09/10/2026)

#8

Sep 10, 2026

REPLY by Diego Sebastian McNally Cerros re 7 Opposition,. (Monsalve, Alejandro) (Entered: 09/10/2026)

#9

Sep 16, 2026

ORDER signed by District Judge Dena M. Coggins on 09/15/26 GRANTING 1 Petition for Writ of Habeas Corpus and 2 Motion for TRO as follows: within 14 days, Respondents are ORDERED to provide Petitioner Diego Sebastian McNally Cerros (A-234-106-087) with a bond hearing before an immigration judge at which the government shall bear the burden of proving that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified; Respondents are ORDERED to provide Petitioner and his counsel with 7 days' advance notice of the date and time of the scheduled bond hearing and allow Petitioner to have counsel present; if Respondents fail to provide Petitioner with a bond hearing within 14 days, Petitioner shall be immediately released from Respondents' custody; and within 17 days, Respondents are ORDERED to file a status report certifying compliance and attaching, as applicable, the immigration judge's order from the bond hearing. Clerk to serve Central Valley Annex Detention Facility, enter judgment for Petitioner, and close this case (cc: CVADF). CASE CLOSED. (Deputy Clerk AJB) (Entered: 09/16/2026)

#10

Sep 16, 2026

JUDGMENT dated *09/16/26* pursuant to order signed by District Judge Dena M. Coggins on 09/15/26. (Deputy Clerk AJB) (Entered: 09/16/2026)