Eastern District of California • 1:26-cv-06727

#1

Aug 24, 2026

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Alain Mendoza Pajan. (Deputy Clerk DAR) (Entered: 08/25/2026)

#2

Aug 24, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Alain Mendoza Pajan. (Deputy Clerk DAR) (Entered: 08/25/2026)

#3

Aug 24, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Alain Mendoza Pajan. (Deputy Clerk DAR) (Entered: 08/25/2026)

#4

Aug 24, 2026

MOTION to APPOINT COUNSEL by Alain Mendoza Pajan. (Deputy Clerk DAR) (Entered: 08/25/2026)

#5

Aug 25, 2026

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

#6

Aug 25, 2026

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/25/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondent shall promptly enter Notices of Appearance if they have not already done so. Respondent shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Thursday, 8/27/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondent opposes this court ruling on the underlying petition, then respondent is DIRECTED to indicate so and provide substantive reasons in support thereof in its opposition. (Deputy Clerk PAB) (Entered: 08/25/2026)

Aug 25, 2026

SERVICE BY MAIL: 6 Minute Order served on Alain Mendoza Pajan. (Deputy Clerk PAB)

Aug 25, 2026

Service by Mail

Aug 25, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Alain Mendoza Pajan. (Deputy Clerk DAR)

Aug 25, 2026

Minute Order

#7

Aug 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Tonya Andrews (Yu, Jonathan) (Entered: 08/28/2026)

#8

Aug 28, 2026

REQUEST for EXTENSION until 5:00 PM on 8/31/2026 to file Opposition to 3 Motion for Temporary Restraining Order by Tonya Andrews. (Yu, Jonathan) Modified on 9/1/2026 (HAH). (Entered: 08/28/2026)

#9

Aug 30, 2026

OPPOSITION to 3 Motion for Temporary Restraining Order and 1 Petition for Writ of Habeas Corpus by Respondent Tonya Andrews. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) Modified on 9/2/2026 (HAH). (Entered: 08/30/2026)

#10

Sep 02, 2026

ORDER signed by District Judge Dale A. Drozd on 09/02/2026 GRANTING Petitioner's 2 Motion to Proceed IFP and GRANTING Respondent's 8 Motion for Extension of Time to file a response to Petitioner's Motion for Temporary Restraining Order. Petitioner's 1 Petition for Writ of Habeas Corpus is GRANTED. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Alain Mendoza Pajan, A# 220-783-692, from Respondent's custody. Respondent is ENJOINED and RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, without written notice and hearing before an immigration judge where Respondents will have the burden of establishing that Petitioner is either a flight risk or danger to the community by clear and convincing evidence. Petitioner's 3 Motion for Temporary Restraining Order and 4 Motion to Appoint Counsel are DENIED as having been rendered moot by this order granting him habeas relief. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS) (Entered: 09/02/2026)

#11

Sep 02, 2026

JUDGMENT dated *09/02/2026* pursuant to order signed by District Judge Dale A. Drozd on 09/02/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 09/02/2026)

Sep 02, 2026

Service by Mail

Sep 02, 2026

SERVICE BY MAIL: 10 Order and 11 Judgment served on Alain Mendoza Pajan. (Deputy Clerk KS)

#12

Sep 03, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk DAR) (Entered: 09/04/2026)