Joel Pelegrino Ascutin v. D. Marin

Docket 5:26-cv-00481

Filed
2026-02-02
Terminated
Not recorded
Case type
cv

Outcome

other judgment · plaintiff

FJC civil IDB DISTRICT=73 OFFICE=5 DOCKET=2600481 FILEDATE=02/02/2026 DISP=17, PROCPROG=12, JUDGMENT=1; codebook: https://www.fjc.gov/sites/default/files/idb/codebooks/Civil%20Codebook%201988%20Forward%2010252023.pdf

Outcome source

Parties and representation

      Party and firm records are not available for this case.

      Panel

        No sourced panel votes are recorded.

        Opinions and documents

        1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 EASTERN DIVISION 10 11 JOEL PELEGRINO ASCUTIN, Case No. 5:26-cv-00481-KK-AGR 12 Petitioner, Assigned to: Hon. Kenly Kiya Kato 13 v. ORDER GRANTING 14 PRELIMINARY INJUNCTION D. MARIN, et al., 15 [NOTE CHANGES BY COURT] Respondents. 16 17 18 The Court has considered Petitioner Joel Pelegrino Ascutin’s application for a 19 preliminary injunction and all briefing, records, and evidence in this case. 20 “The standard for issuing a temporary restraining order is identical to the 21 standard for issuing a preliminary injunction.” Order Granting Petitioner’s Ex Parte 22 Application for Temporary Restraining Order (“TRO,” Dkt. 16) at 3 (citing Stuhlbarg 23 Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001)). For the 24 reasons it granted the temporary restraining order, and in light of Respondents’ failure 25 to file a timely Response as to why the Court should not issue a preliminary injunction, 26 see TRO at 10 (ordering Respondents to show cause in writing no later than March 3, 27 2026), the Court now grants a preliminary injunction. Absent preliminary injunctive 1 | | and/or removal to a third country without notice and an opportunity to be heard, during the pendency of this case. TRO at 4-8; see id. (“Petitioner’s release is necessary to 3 | | return him to the status quo, which is the last uncontested status which preceded the 4| | pending controversy|:] ... Petitioner’s release on supervision before his current re- 5 || detention.” (cleaned up)). 6 The Court therefore GRANTS a preliminary injunction and ORDERS as 7|| follows: 8 (1) Respondents are ENJOINED from re-detaining Petitioner unless and □□□□ 9 they follow the procedural safeguards set forth in 8 C.F.R. §§ 241.4, 10 241.13, and all other relevant applicable statutes and regulations, includin. 1] providing him a pre-detention hearing before a neutral decistonmaker 12 where Respondents bear the burden of demonstrating by clear and 13 convincing evidence that Petitioner is a flight risk or a danger such that hi 14 physical custody is required; 15 (2) Respondents are ENJOINED from removing Petitioner to a third country 16 without notice and an opportunity to be heard; and 17 (3) Respondents are ENJOINED from modifying the release conditions of 18 Petitioner’s order of supervision prior to his December 2025 arrest and re- 19 detention. 20 Failure to comply with this Order will result in sanctions. Pursuant to General Order No. 05-07, further proceedings on the merits of the petition are referred to the Magistrate Judge. 23 IT IS SO ORDERED. 24 | bun | — 25] | DATED: March 9, 2026 By: 26 HON. KENLY KIYA KATO United States District Judge 27 28 | | Presented by: 1 /s/ Michael Tayag 2 MICHAEL TAYAG Deputy Federal Public Defender 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

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