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Habeas Corpus - Alien Detainee | California Eastern
Minute Order Order on Motion for TRO Order on Motion to Amend the Complaint
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: Petitioner's 21 motion to amend the petition is GRANTED, and the 22 Second Amended Petition is the operative petition. In Petitioner's 23 Second Amended Motion for a Temporary Restraining Order, Petitioner contends that his six-month immigration detention under 8 U.S.C. § 1226(c)(1)(E) has become unconstitutionally prolonged because Respondents have not proven before a neutral adjudicator that Petitioner's continued detention is warranted. In Respondents' 26 Opposition, Respondents contend that Petitioner's detention has not grown unconstitutionally prolonged because on 8/17/2026, Petitioner appeared before an immigration judge "who determined Petitioner is subject to [mandatory] § 1226(c)(1)(E) detention and, in the alternative, found Petitioner both a flight risk and a danger." However, in the immigration judge's [26-2] order, after finding that Petitioner was subject to mandatory detention, the immigration judge merely stated "[i]n the alternative Danger/Flight." Thus, it is unclear what evidence the immigration judge relied upon in reaching that determination, and whether Petitioner or Respondents bore the burden of showing that Petitioner's continued detention was warranted. This court has previously found that noncitizens subject to mandatory detention under § 1226(c) are entitled to a bond hearing where the government bears the burden of justifying their continued detention where that detention has grown prolonged. See, e.g., Cobis-Gamboa v. Warden, Cal. City ICE Detention Facility, No. 2:26-cv-00658-DC-CKD, 2026 WL 1815504, at *2 (E.D. Cal. June 24, 2026) (ordering government to provide noncitizen a bond hearing where government bore the burden of justifying continued detention where noncitizen's detention under § 1226(c) exceeded six months). Accordingly, Petitioner's 23 Second Amended Motion for a Temporary Restraining Order is GRANTED as follows: within fourteen (14) days, Respondents are ordered to provide Petitioner Antonio Chirino Turcas (A-240-843-959) a bond hearing before an immigration judge at which the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified. This matter is REFERRED back to the assigned magistrate judge. (Text Only Entry) (Deputy Clerk MCF)
Judgment
JUDGMENT dated *9/11/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/10/2026 in favor of Petitioner. (Deputy Clerk KEZ)
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