Eastern District of California • 1:25-cv-01959

#1

Dec 21, 2025

Petition for Writ of Habeas Corpus

#2

Dec 22, 2025

Prisoner New Case Documents for Magistrate Judge as Presider

#3

Dec 22, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/22/2025: On December 22, 2025, Petitioner filed a 1 Petition for Writ of Habeas Corpus. Petitioner's prayer for relief includes a request that the court order Petitioners "immediate release from immigration custody[.]" (ECF No. 1 at 6.) If Petitioner seeks emergency relief, Petitioner is DIRECTED to file a motion for temporary restraining order. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/22/2025)

#4

Dec 22, 2025

Temporary Restraining Order

#5

Dec 22, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/22/2025: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 4 ). Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before December 26, 2025. Petitioner may file a Reply on or before December 28, 2025. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. Petitioners counsel is DIRECTED to send a copy of the petition to the US Attorneys Office by December 23, 2025 at 11:59 a.m. at their email usacae.ecf2241-imm@usdoj.gov. IT IS SO ORDERED. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 12/22/2025)

Dec 22, 2025

Minute Order

Dec 22, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#6

Dec 29, 2025

Statement of Non-Opposition

#7

Dec 29, 2025

MINUTE ORDER signed by District Judge Daniel J. Calabretta on 12/29/2025: Petitioner Carlos Alvarado has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 4 ). On December 22, 2025, the Court ordered Respondents to file a response to the Motion on or before December 26, 2025. (ECF No. 5 .) To date, Respondents have not filed an opposition or any other response to the Courts Order. Having reviewed Petitioners Motion, the Court finds that Petitioner has shown there are serious questions going to the merits of his claims. Petitioner presented evidence that he was placed on the waitlist for a U Visa and had been granted deferred action status. (See ECF No. 4 -1, Ex. B.) As a deferred action recipient, Petitioner is not subject to further government action remove him until that status is lifted. See Dep't of Homeland Sec. v. Regents of the Univ. of California, 591 U.S. 1, 27 (2020); see also Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 484 (1999). Under this status, Petitioner has a protected liberty interest in his freedom, the risk of erroneous deprivation is high as there has been no evidence presented or determination made that Petitioner presents a risk of dangerousness or flight, and the Governments interest in detaining Petitioner is low given the lack of evidence of flight or dangerousness and Petitioners deferred action status. See F.R.P. v. Wamsley, No. 3:25-cv-01917-AN, 2025 WL 3037858, at *4-6 (D. Or. Oct. 30, 2025). Petitioner faces clear irreparable harm from detention in violation of his due process rights. See Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012); see also Hernandez v. Sessions, 872 F.3d 976, 995 (9th Cir. 2017). The balance of equities and public interest also clearly weigh in Petitioners favor. See Melendres, 695 F.3d at 1002; Baird v. Bonta, 81 F.4th 1036, 1042 (9th Cir. 2023); Pinchi v. Noem, 792 F. Supp. 3d 1025, 1037 (N.D. Cal. 2025). Accordingly, IT IS HEREBY ORDERED that Petitioners Motion for Temporary Restraining Order (ECF No. 4 ) is GRANTED. Respondents are ORDERED to immediately release Petitioner Carlos Alvarado from their custody. Respondents shall not impose any additional restrictions on him, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, pre-deprivation notice describing the change of circumstances necessitating his arrest and detention, and a timely hearing. At any such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight, and Petitioner shall be allowed to have his counsel present. Respondents are ORDERED TO SHOW CAUSE on or before January 5, 2025, as to why this Court should not issue a preliminary injunction on the same terms as this Order. The Respondents failure to respond to the Order to Show Cause shall be construed as its non-opposition to the Court granting a Preliminary Injunction on the same terms and conditions imposed in this Order. See L.R. 230(c). On or before January 8, 2025, Petitioner may file a Reply, if any. The request for Preliminary Injunction is not currently set for a hearing, but the Court may subsequently order one if it determines a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 12/29/2025)

Dec 29, 2025

Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings

#8

Jan 05, 2026

RESPONSE to 7 Order to Show Cause by All Respondents. Attorney Chapple, Cody S. added. (Chapple, Cody) Modified on 1/6/2026 (KS). (Entered: 01/05/2026)

#9

Jan 05, 2026

REPLY by Carlos Alvarado re 8 Response to Order to Show Cause. (Tolchin, Stacy) (Entered: 01/05/2026)

#10

Jan 14, 2026

Order

#11

Jan 22, 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. (Tolchin, Stacy) (Entered: 01/22/2026)

#12

Jan 26, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#17

Mar 18, 2026

Findings and Recommendations