Alberran
Josue Daniel Cruz Banos v. Sergio Alberran, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSUE DANIEL CRUZ BANOS, No. 1:25-cv-01634-DC-CSK (HC) Petitioner, v. ORDER DENYING PETITIONER’S MOTION
FOR A TEMPORARY RESTRAINING
SERGIO ALBERRAN, et al., ORDER, WITHOUT PREJUDICE Respondents. (Doc. No. 3) 16 This matter is before the court on Petitioner’s motion for a temporary restraining order (Doc. No. 3), which Petitioner concurrently filed with a petition for a writ of habeas corpus brought under 28 U.S.C. § 2241 challenging his ongoing immigration detention. (Doc. No. 2.) Respondents filed an opposition to Petitioner’s motion on November 26, 2025. (Doc. No. 7.) For the reasons explained below, the court will deny Petitioner’s motion for a temporary restraining order, without prejudice, and refer this case to the assigned magistrate judge for further proceedings. Pursuant to 28 U.S.C. § 2241, “[w]rits of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any…