Eastern District of California • 1:26-cv-07129

#1

Sep 04, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Ice Detention Facility by Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR) (Entered: 09/08/2026)

#2

Sep 04, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR) (Entered: 09/08/2026)

#3

Sep 04, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR) (Entered: 09/08/2026)

#4

Sep 04, 2026

MOTION to APPOINT COUNSEL by Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR) (Entered: 09/08/2026)

#5

Sep 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/08/2026)

#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 3 Motion for Temporary Restraining Order. From these filings, it is unclear whether Petitioner has previously been released from immigration custody, or whether the challenged detention is Petitioner's first contact with immigration authorities. 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). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (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)), and where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 9/10/2026. In their response, Respondents shall indicate whether Petitioner has previously been released from immigration custody, and 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 applicable orders cited above. Petitioner may file a Reply by 9/24/2026. Finally, 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). Both parties shall 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: 09/08/2026)

#7

Sep 08, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, Central Valley Annex Ice Detention Facility (Hemesath, Audrey) (Entered: 09/08/2026)

Sep 08, 2026

Service by Mail

Sep 08, 2026

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

Sep 08, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 6, served on Wilson Moises Tuchez-Gonzalez. (Text Only Entry) (Deputy Clerk CRS)

Sep 08, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR)

#8

Sep 09, 2026

RECUSAL ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/9/2026 ORDERING that the Clerk of Court reassign this case to another judge for all further proceedings and that the Clerk of Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. New Case Number: 1:26-cv-07129-DC-JDP (HC)(Deputy Clerk RRB) (Entered: 09/09/2026)

#9

Sep 09, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden, Central Valley Annex Ice Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Hemesath, Audrey) Modified on 9/15/2026 (KS). (Entered: 09/09/2026)

Sep 09, 2026

SERVICE BY MAIL: 8 Order served on Wilson Moises Tuchez-Gonzalez. (Deputy Clerk RRB)

Sep 09, 2026

Service by Mail

#10

Sep 17, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/17/2026: In Respondents' 9 Opposition to Petitioner's 3 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(B) based on his past criminal convictions, and attaches records showing that Petitioner has had several prior convictions for crimes including but not limited to felony assault, felony conspiracy, manufacturing/possessing/delivering schedule I/II drugs, and felonies involving the use of firearms. To the extent Petitioner believes his arrest does not subject him to mandatory detention, he must raise that issue in a Joseph hearing before an Immigration Judge before seeking habeas relief. Ronil R.C. v. Warden, Golden State Annex Detention Center, No. 1:26-cv-03612-MWJS, 2026 WL 1505926, at *1 n.2 (citing Demore v. Kim, 538 U.S. 510, 514 (2003)). Accordingly, Petitioner has not demonstrated a likelihood of success on the merits of his claim that his immigration detention violates his statutory or constitutional rights, and his 3 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/17/2026)

Sep 17, 2026

Service by Mail

Sep 17, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 10, served on Wilson Moises Tuchez-Gonzalez. (Text Only Entry) (Deputy Clerk CRS)

Sep 17, 2026

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

#11

Sep 21, 2026

MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/21/2026: The matter has been referred to the magistrate judge. ECF No. 10 . Respondent has already answered the petition. ECF No. 9 . Petitioner shall have seven days after the date of service of this order to file an optional reply brief. The matter will thereafter be submitted. Petitioner's motion to appear in forma pauperis, ECF No. 2, is hereby GRANTED. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/21/2026)

Sep 21, 2026

SERVICE BY MAIL: 11 Minute Order served on Wilson Moises Tuchez-Gonzalez. (Deputy Clerk NAC)

Sep 21, 2026

Service by Mail

Sep 21, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

#12

Sep 28, 2026

NOTICE of CHANGE of ADDRESS to 254 Taylor Avenue, McFarland, CA 93250 by Wilson Moises Tuchez-Gonzalez. (Deputy Clerk DAR) (Entered: 09/29/2026)

#13

Sep 28, 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: 09/29/2026)