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Habeas Corpus - Alien Detainee | California Eastern
Minute Order ~Util - Set Motion and F&R Deadlines/Hearings
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/28/2026: The court has reviewed Petitioner's 14 First Amended Petition for Writ of Habeas Corpus and 15 Renewed Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Two of the First Amended Petition. See Rodriguez v. Warden, California City Det. Facility, No. 1:26-cv-01373-DC-SCR, 2026 WL 1727199 (E.D. Cal. June 15, 2026) (granting petition for a writ of habeas corpus and ordering a bond hearing where the petitioner was detained pursuant to 8 U.S.C. § 1226(c) for over 6 months without a bond hearing); Garcia v. Warden of Golden State Annex Det. Facility, No. 1:26-cv-01386-DC-AC (HC), 2026 WL 981170 (E.D. Cal. Apr. 13, 2026) (granting petition for a writ of habeas corpus and ordering a bond hearing where the petitioner that was detained pursuant to 8 U.S.C. § 1226(c) had not received a bond hearing in over two years); see also Nasar v. Warden, No. 2:26-cv-00433-DC-AC, 2026 WL 731160 (E.D. Cal. Mar. 16, 2026) (granting habeas petition and ordering a bond hearing where nine months had elapsed since the petitioner that was detained pursuant to 8 U.S.C. § 1225(b)(1) had received a bond hearing). The court is contemplating ruling directly on the 14 First Amended Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Renewed 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 15 Renewed Motion for Temporary Restraining Order by 12:00 PM on 7/30/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 8/13/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Two only. 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)
Request for Status
REQUEST FOR STATUS by Laura Estefania Bernate Pena. (Salgado, Mario)
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