Case: (HC) Arzate v. Andrews

PETITION for WRIT of HABEAS CORPUS against Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem by Jorge Luis Galindo Arzate. (Filing fee $ 5, receipt number ACAEDC-12374320) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Declaration Petitioner Declaration, # 3 Declaration Spouse Delcaration, # 4 Exhibit ISO Petition)(Lakin, Judah) (Entered: 08/01/2025)

MOTION for TEMPORARY RESTRAINING ORDER by Jorge Luis Galindo Arzate. (Attachments: # 1 Declaration Petitioner Declaration, # 2 Declaration Spouse Declaration, # 3 Exhibit ISO TRO Motion, # 4 TRO Checklist, # 5 Proposed Order for TRO)(Lakin, Judah) (Entered: 08/01/2025)

CIVIL COVER SHEET filed by Jorge Luis Galindo Arzate. (Deputy Clerk SSA) (Entered: 08/01/2025)

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 9/5/2025. (Deputy Clerk CRM) (Entered: 08/01/2025)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney David Edward Thiess, III, GOVT for Tonya Andrews,David Edward Thiess, III, GOVT for Pamela Bondi,David Edward Thiess, III, GOVT for Polly Kaiser,David Edward Thiess, III, GOVT for Todd Lyons,David Edward Thiess, III, GOVT for Kristi Noem (Thiess, III, David) (Entered: 08/01/2025)

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. (Thiess, III, David) (Entered: 08/01/2025)

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. (Wille, Amalia) (Entered: 08/01/2025)

ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER signed by District Judge Kirk E. Sherriff on 8/4/2025. The hearing on the order to show cause will be held on August 18, 2025 at 1:30 p.m. in Courtroom 6 before District Judge Kirk E. Sherriff. (Deputy Clerk VMG)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Edward Alan Olsen, GOVT for Tonya Andrews,Edward Alan Olsen, GOVT for Pamela Bondi,Edward Alan Olsen, GOVT for Polly Kaiser,Edward Alan Olsen, GOVT for Todd Lyons,Edward Alan Olsen, GOVT for Kristi Noem, attorney David Edward Thiess, III, GOVT terminated (Olsen, Edward) (Entered: 08/11/2025)

RESPONSE by Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem to 8 Order,, Order on Motion for TRO,. (Attachments: # 1 Declaration)(Olsen, Edward) (Entered: 08/11/2025)

REPLY by Jorge Luis Galindo Arzate re 10 Response. (Lakin, Judah) (Entered: 08/13/2025)

EXHIBIT ISO PI by Jorge Luis Galindo Arzate re 11 Reply. (Lakin, Judah) (Entered: 08/13/2025)

MINUTES (Text Only) for proceedings held before District Judge Kirk E. Sherriff: ORDER TO SHOW CAUSE HEARING held on 8/18/2025. Matter argued and submitted. Order to follow. Plaintiffs Counsel Judah Lakin via video present. Defendants Counsel Edward Olsen via video present. Court Reporter/CD Number: Otilia Rosales. (Deputy Clerk VMG) (Entered: 08/18/2025)

Show Cause Hearing

ORDER GRANTING PRELIMINARY INJUNCTION signed by District Judge Kirk E. Sherriff on 8/19/2025. (Voyles, J.)

ORDER GRANTING Preliminary Injunction, signed by District Judge Kirk E. Sherriff on 8/19/2025. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner without first providing petitioner with a bond hearing before a neutral arbiter. (Deputy Clerk CRM)

TRANSCRIPT REQUEST by Jorge Luis Galindo Arzate for proceedings held on 08/18/2025 before Judge Kirk E. Sherriff. Court Reporter ECRO Fresno. (Wille, Amalia) (Entered: 10/24/2025)

AMENDED TRANSCRIPT REQUEST by Jorge Luis Galindo Arzate: Amended 16 Transcript Ordering Form. (Wille, Amalia) (Entered: 10/24/2025)

TRANSCRIPT of Proceedings held on 8/18/2025, before District Judge Kirk E. Sherriff. ORDER TO SHOW CAUSE HEARING filed by ECRO, Phone number 559-499-5928 or 559-499-5290 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/20/2025. Redacted Transcript Deadline set for 12/1/2025. Release of Transcript Restriction set for 1/29/2026. (Deputy Clerk OR) (Entered: 10/30/2025)

MOTION for TEMPORARY RESTRAINING ORDER by Jorge Luis Galindo Arzate. Motion Hearing set for 11/14/2025 at 11:00 AM in cvbFRES Fresno before District Judge Kirk E. Sherriff. (Attachments: # 1 Declaration Declaration of Petitioner ISO Motion for TRO, # 2 Exhibit Exhibits ISO Motino for TRO, # 3 Proposed Order Proposed Order on Motion for TRO, # 4 TRO Checklist)(Lakin, Judah) (Entered: 11/08/2025)

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 11/10/2025: (Text Only Entry). The Court has reviewed petitioner's 19 motion for temporary restraining order. Respondents shall file any opposition by 11/13/2025. (Deputy Clerk VMG) (Entered: 11/10/2025)

Minute Order

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 11/12/2025: (Text Only Entry). The hearing on the 19 motion for temporary restraining order, currently set for 11/14/2025 at 11:00 a.m., is VACATED. (Deputy Clerk VMG) (Entered: 11/12/2025)

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

OPPOSITION by Tonya Andrews, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem to 19 Temporary Restraining Order,. (Olsen, Edward) (Entered: 11/13/2025)

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 11/17/2025: (Text Only Entry). Petitioner's 19 second motion for temporary restraining order is denied without prejudice. The Court's 15 order granting petitioner's initial motion enjoined respondents "from re-detaining petitioner without first providing petitioner with a bond hearing before a neutral arbiter at which the government must prove by clear and convincing evidence that petitioner is a flight risk or danger to the community such that his re-detention is warranted." Doc. 15. Respondents have now set such a bond hearing for petitioner before an immigration judge, consistent with the Court's order. Petitioner's second motion for a temporary restraining order seeks to require that bond determination to be heard by this Court rather than the immigration court. While it may be true that a district court has the "inherent authority to admit habeas petitioners to bail in the immigration context," a habeas petitioner must first show "that extraordinary circumstances exist[] that make the grant of bail necessary to make the habeas remedy effective." Mapp v. Reno, 241 F.3d 221, 226 (2d Cir. 2001). Petitioner has not made such a showing on the present record. (Deputy Clerk VMG) (Entered: 11/17/2025)

Minute Order

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 12/05/2025: (Text Only Entry). The 1 petition for writ of habeas corpus is referred to the assigned magistrate judge for the preparation of findings and recommendations. (Deputy Clerk VMG) (Entered: 12/05/2025)

Minute Order

ORDER to SHOW CAUSE Why Petition Should Not be Granted, signed by Magistrate Judge Sheila K. Oberto on 12/9/2025. Respondent is ORDERED TO SHOW CAUSE why the Petition should not be granted. The Response to the Order to Show Cause is due within THIRTY (30) days of the date of service of this order. Petitioner may file a Traverse to the Response within THIRTY (30) days of the date the Response to the Order to Show Cause is filed with the Court. The Court has determined that this matter is suitable for decision without oral argument pursuant to Local Rule 230(h). As such, the matter will be taken under submission following the filing of Petitioner's Traverse or the expiration of the time for filing the Traverse. All other briefing in this action is suspended. (Deputy Clerk OFR) (Entered: 12/09/2025)

RESPONSE by Jorge Luis Galindo Arzate, Pamela Bondi, Polly Kaiser, Todd Lyons, Kristi Noem to 1 Petition for Writ of Habeas Corpus,. Attorney Olsen, Edward Alan added. (Attachments: # 1 Exhibit)(Olsen, Edward) (Entered: 01/08/2026)

REPLY by Jorge Luis Galindo Arzate re 26 Response. (Wille, Amalia) (Entered: 02/06/2026)

FINDINGS and RECOMMENDATIONS to Grant 1 Petition for Writ of Habeas Corpus signed by Magistrate Judge Sheila K. Oberto on 2/11/2026. Referred to Judge Kirk E. Sherriff. Objections to F&R due within Twenty-One (21) Days. (Deputy Clerk SSA) (Entered: 02/12/2026)

Objections to Findings and Recommendations