Eastern District of California • 1:26-cv-07624

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Sep 18, 2026

PETITION for WRIT of HABEAS CORPUS, MOTION for TEMPORARY RESTRAINING ORDER and MOTION to PROCEED IFP filed by Dennys Alcivar Torres. (Deputy Clerk DAR) (Entered: 09/21/2026)

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Sep 21, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/21/2026)

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Sep 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for US General Attorney (Rodriguez, Elisa) (Entered: 09/21/2026)

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Sep 21, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/21/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 1 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to 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 and others have previously held that noncitizens 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 may be entitled to relief on constitutional grounds. See Kaur v. Chestnut, No. 1:26-cv-05349-DC-CSK, Doc. Nos. 8, 11 (E.D. Cal., Sept. 17, 2026); Kharitonova v. Albarran, No. 3:26-cv-01362-JSC, 2026 WL 531441, at *2 (N.D. Cal. Feb. 25, 2026); Kalkan v. Chestnut, No. 1:26-cv-02028-DAD-EFB, 2026 WL 788112, at *1 (E.D. Cal. Mar. 20, 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 A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026). Respondents shall file an Opposition or Statement of Non-Opposition to the 1 Motion for Temporary Restraining Order by 12:00 PM on 9/23/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the cases referenced. Petitioner may file a Reply by 10/7/2026. 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: 09/21/2026)

Sep 21, 2026

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

Sep 21, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Dennys Alcivar Torres. (Deputy Clerk DAR)

Sep 21, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 4, served on Dennys Alcivar Torres. (Text Only Entry) (Deputy Clerk CRS)

Sep 21, 2026

Service by Mail