Eastern District of California • 1:26-cv-07997

#1

Sep 28, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)

#2

Sep 28, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)

#3

Sep 28, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)

#4

Sep 28, 2026

MOTION to APPOINT COUNSEL by Jose Samuel Cela Velasquez. (Deputy Clerk DAR) (Entered: 09/30/2026)

Sep 28, 2026

RECEIPT number 100009821 for $5.00 for Jose Samuel Cela Velasquez from Geo Secure Services LLC. (Deputy Clerk DAR)

#5

Sep 30, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/30/2026)

#6

Sep 30, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Central Valley Annex Detention Facility (Williams, Jonathan) (Entered: 09/30/2026)

#7

Sep 30, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/30/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 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). 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). This court has also decided cases 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); see also Padilla v. U.S. Immigr. & Customs Enf't, No. 24-2801, 2026 WL 2822044, at *19 (9th Cir. Sept. 21, 2026) ("Noncitizens who arrive illegally and are found away from the border well after arrival are protected from arbitrary detention in violation of the Due Process Clause."). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 10/2/2026. 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 the cases referenced. Petitioner may file a Reply by 12:00 PM on 10/16/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See 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: 09/30/2026)

Sep 30, 2026

Service by Mail

Sep 30, 2026

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

Sep 30, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Jose Samuel Cela Velasquez. (Deputy Clerk DAR)

Sep 30, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Jose Samuel Cela Velasquez. (Text Only Entry) (Deputy Clerk CRS)

#9

Oct 02, 2026

Opposition to Motion