1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARMEN RODRIGUEZ RASCON, No. 1:25-cv-1787 AC 12 Petitioner, 13 v. ORDER 14 TODD LYONS, et al, 15 Respondents. 16 17 On December 22, 2025, the court issued an order granting petitioner’s motion for a 18 temporary restraining order and directed respondents to release petitioner from their custody. 19 ECF No. 15. Respondents were also ordered to show cause why the court should not issue a 20 preliminary injunction on the same terms as the temporary restraining order. Id. at 12. On 21 December 23, 2025, respondents filed a response to the order to show cause, stating that they 22 have nothing further to add to the arguments raised in their opposition to the motion for a 23 temporary restraining order. ECF No. 16. Because the standard for issuing a temporary 24 restraining order is substantially identical to the standard for issuing a preliminary injunction, 25 Stuhlbarg Int’l Sales Co. v. John D. Brush & Co.,

, 839 n.7 (9th Cir. 2001), the court 26 finds petitioner has sufficiently shown that all four Winter1 factors weigh in favor of granting 27

28 1 Winter v. Nat. Res. Def. Council, Inc.,

(2008). 1 | injunctive relief for the same reasons as those stated in the order granting a temporary restraining 2 || order (ECF No. 15). 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. A preliminary injunction shall issue on the same terms as set forth in the temporary 5 || restraining order (ECF No. 15). 6 2. Having released petitioner as required by the temporary restraining order, respondents 7 || shall not impose any additional restrictions on petitioner unless such restrictions are determined to 8 | be necessary at a future pre-deprivation/custody hearing. 9 3. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining 10 || petitioner unless respondents provide no less than seven days’ notice to petitioner and hold a pre- 11 || deprivation bond hearing before a neutral arbiter pursuant to

(a) and its 12 | implementing regulations, at which petitioner’s eligibility for bond must be considered. At any 13 || such hearing, petitioner’s counsel shall be allowed to be present. 14 4. This order shall remain in effect until the resolution of this action or until otherwise 15 || ordered by the court. 16 5. The parties are directed to meet and confer within three days from the service of this 17 || order for the purpose of submitting a joint proposed briefing schedule for the petition in this case. 18 6. The parties shall submit a joint proposed briefing schedule to the court no later than 19 || seven days from the date of this order. 20 | DATED: December 29, 2025 * 21 Chthwen— Clare ALLISON CLAIRE 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28