Gregorio Ortiz-Cervantes filed a habeas corpus petition and emergency application for a temporary restraining order on April 6, seeking his release from immigration custody and reinstatement of his order of supervision. The petition also requests injunctions against his removal from the United States or transfer from the Central District of California, and against re-detaining him unless procedural safeguards under federal immigration regulations are followed.
Judge Kronstadt cited the All Writs Act and precedent allowing courts to "preserve existing conditions while it was determining its own authority to grant injunctive relief," referencing the Supreme Court's decision in United Mine Workers of America. The judge noted that district courts may act "to preserve [their] jurisdiction while [they determine] whether [they have] jurisdiction" when cases present substantial jurisdictional questions.
The court set a briefing schedule requiring respondents, including Warden James Janecka, to file any response to the TRO application by April 10, with an optional reply from Ortiz-Cervantes due April 14. The judge will then take the temporary restraining order request under submission for a written ruling.
The order represents a temporary victory for Ortiz-Cervantes in what appears to be a challenge to prolonged immigration detention. The case highlights ongoing tensions between federal immigration enforcement and detainees' constitutional rights, particularly regarding indefinite detention and due process protections.