Try our Advanced Search for more refined results
Searching dockets in Mendoza Law Group x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Habeas Corpus - Alien Detainee | California Eastern
Opposition to Motion
OPPOSITION by Sergio Albarran, Todd Blanche, Todd Lyons, Markwayne Mullin, Dustin Stubbs, U.S. Department of Homeland Security (DHS), Warden of the Golden State Annex Detention Facility to 2 Motion for Temporary Restraining Order. (Attachments: # 1 I-213, # 2 NTA, # 3 I-286, # 4 RAP Sheet)(Disparte, Quinn)
Minute Order ~Util - 1 Set/Reset Deadlines and Hearings
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 8/19/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. 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, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by Counts One and Three of the Petition. See e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026), and Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 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 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). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/21/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Alvarez Maciel, and Barajas Ortiz. Petitioner may file a Reply by 12:00 PM on 8/24/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Counts One and Three only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 8/19/2026. 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 MCF)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login