Eastern District of California • 1:25-cv-01909

#1

Dec 17, 2025

PETITION for WRIT of HABEAS CORPUS against Moises Becerra, Pamela Bondi, Core Civic, Kristi Noem by Santos Maria Martinez Guillen. (Filing fee $ 5, receipt number ACAEDC-12683389) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Salgado, Mario) (Entered: 12/17/2025)

#2

Dec 17, 2025

MOTION for TEMPORARY RESTRAINING ORDER by Santos Maria Martinez Guillen. (Attachments: # 1 Memorandum, # 2 Affidavit, # 3 Exhibit re Irreparable Injury, # 4 Exhibit A-O, # 5 TRO Checklist, # 6 TRO Proposed Order, # 7 Preliminary Injunction Proposed Order)(Salgado, Mario) (Entered: 12/17/2025)

#3

Dec 17, 2025

Prisoner New Case Documents for Magistrate Judge as Presider

#4

Dec 17, 2025

MINUTE ORDER signed by District Judge Dale A. Drozd on 12/17/2025: (Text Only Entry).Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents 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 2 motion for temporary restraining order. Further, no later than Thursday, 12/18/2025, by 5:00 PM, petitioner's counsel is DIRECTED (1) to serve respondents with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, by e-mail to the United States Attorney's Office for the Eastern District of California; and (2) to promptly file proof of such service on the docket. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Friday, 12/19/2025. Respondents are ORDERED to substantively address in that opposition the following: (1) the effect of Judge Sykes' order certifying a class in Bautista v. Santacruz, --- F.R.D. ---, 2025 WL 3288403 (C.D. Cal. 2025) on this action and whether petitioner is a member of that class; (2) whether any provision of law or fact in this case distinguishes it from this court's decision in O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025) regarding whether § 1226 governs petitioner's detention; and (3) whether any provision of law or fact in this case distinguishes it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) regarding the due process analysis therein. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Clerk CGH) (Entered: 12/17/2025)

Dec 17, 2025

Minute Order

#5

Dec 18, 2025

Certificate / Proof of Service

#6

Dec 19, 2025

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jeffrey James Lodge, GOVT for Moises Becerra,Jeffrey James Lodge, GOVT for Pamela Bondi,Jeffrey James Lodge, GOVT for Kristi Noem (Lodge, Jeffrey) (Entered: 12/19/2025)

#7

Dec 19, 2025

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. (Lodge, Jeffrey) (Entered: 12/19/2025)

#8

Dec 19, 2025

RESPONSE by Moises Becerra, Pamela Bondi, Kristi Noem to 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order,. (Attachments: # 1 Declaration of Noah Kichak Deportation Officer)(Lodge, Jeffrey) (Entered: 12/19/2025)

#9

Dec 22, 2025

Notice of Appearance

#10

Dec 23, 2025

MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 12/23/2025:On 12/17/2025, petitioner filed a motion for a temporary restraining order. (Doc. No. 2 ). On the same day, the court issued an order directing respondents to indicate whether this matter is factually or legally distinguishable from O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025) or Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025). (Doc. No. 4 .) In their opposition, respondents concede that there are no factual or legal issues in this case that render it distinct from the courts prior orders[.] (Doc. No. 8 at 3.) Accordingly, pursuant to the courts reasoning set forth in O.A.C.S. and Perez, petitioners motion for a temporary restraining order (Doc. No. 2 ) is GRANTED in part and the court ORDERS the following: (1) respondents are ORDERED to immediately release petitioner from respondents custody under the same conditions that governed her release immediately prior to her detention on October 22, 2025; (2) respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge where respondent will have the burden to demonstrate a change in circumstances justifying petitioners re-detention; and (3) petitioners motion for a temporary restraining order to enjoin respondents from removing petitioner from the courts jurisdiction pending the outcome of these proceedings is denied as having been rendered moot. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. See also E.C. v. Noem, No. 2:25-cv-01789-RFB-BNW, 2025 WL 2916264, at *12 (D. Nev. Oct. 14, 2025). (A district court has equitable discretion in determining the appropriate remedy as law and justice require for unlawful detention in a habeas petition pursuant to § 2254. ). The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. (Deputy Clerk PAB) (Entered: 12/23/2025)

Dec 23, 2025

Minute Order AND Order on Motion for TRO

Jan 07, 2026

Minute Order