Noem

Jose Pedro Ortega v. Kristi Noem, et al.

Good Law
United States District Court, Eastern District of CaliforniaDecember 8, 20251:25-cv-01663California3,203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE PEDRO ORTEGA, No. 1:25-cv-01663-DJC-CKD 12 Petitioner, 13 v. ORDER 14 KRISTI NOEM, et al., 15 Respondents. 16 This matter is before the Court on Petitioner Jose Pedro Ortega’s Motion for Temporary Restraining Order filed on November 26, 2025. (Mot. TRO (ECF No. 2).) For the reasons explained below, the Court GRANTS the Motion. BACKGROUND On November 26, 2025, Petitioner Jose Pedro Ortega, a noncitizen, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his detention by United States Immigration and Customs Enforcement (“ICE”). (Pet. (ECF No. 1).) Petitioner brings the following claims in his petition: violation of substantive and procedural due process under the Fifth Amendment and unlawful arrest in violation of the Fourth Amendment to the United States Constitution. (Id.) Concurrently with his petition, Petitioner filed a Motion for Temporary Restraining Order. (See generally Mot.…

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