Alberran

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSUE DANIEL CRUZ BANOS, No. 1:25-cv-01634-DC-CSK (HC) 12 Petitioner, 13 v. ORDER DENYING PETITIONER’S MOTION

FOR A TEMPORARY RESTRAINING

14 SERGIO ALBERRAN, et al., ORDER, WITHOUT PREJUDICE 15 Respondents. (Doc. No. 3) 16 17 This matter is before the court on Petitioner’s motion for a temporary restraining order 18 (Doc. No. 3), which Petitioner concurrently filed with a petition for a writ of habeas corpus 19 brought under 28 U.S.C. § 2241 challenging his ongoing immigration detention. (Doc. No. 2.) 20 Respondents filed an opposition to Petitioner’s motion on November 26, 2025. (Doc. No. 7.) For 21 the reasons explained below, the court will deny Petitioner’s motion for a temporary restraining 22 order, without prejudice, and refer this case to the assigned magistrate judge for further 23 proceedings. 24 Pursuant to 28 U.S.C. § 2241, “[w]rits of habeas corpus may be granted by the Supreme 25 Court, any justice thereof, the district courts and any…