Eastern District of California • 1:26-cv-00876
(HC) Pena Alcazar v. Warden of the California City Detention Facility
Active
Case Information
Filed: February 02, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 02, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the California City Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 02, 2026
MOTION to APPOINT COUNSEL by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)
Main Document:
Appoint Counsel
#3
Feb 02, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)
Main Document:
Temporary Restraining Order
Feb 02, 2026
RECEIPT number 100007091 for $5.00 for Omar Pena Alcazar from Omar Pena Alcazar. (Deputy Clerk AML)
#4
Feb 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 3/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 02/03/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Current or Acting Director, United States Immigration and Customs Enforcement,Brittany Gunter for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Brittany Gunter for Current or Acting Secretary, United States Department of Homeland Security,Brittany Gunter for Current or Acting United States Attorney General,Brittany Gunter for Warden of the California City Detention Facility (Gunter, Brittany) (Entered: 02/03/2026)
Main Document:
DESIGNATION
#6
Feb 03, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 02/03/2026)
Main Document:
CONSENT/DECLINE
Feb 03, 2026
Service by Mail
Feb 03, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Omar Pena Alcazar. (Deputy Clerk AML)
#7
Feb 06, 2026
MINUTE ORDER (Text Entry Only) ORDER DENYING TRO; ORDER PREVENTING TRANSFER PENDING FURTHER COURT ORDER; ORDER FOR STAY OF REMOVAL PENDING FURTHER COURT ORDER; ORDER GRANTING MOTION TO APPOINT COUNSELThe Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ). Petitioner asserts he has been detained for over eight months and indicates he has a prior conviction. Petitioner fails to explain adequately the timing of his motion for a temporary restraining order or why, the Court should nonetheless treat the situation as an emergency that must be handled on shortened time. Thus, the TRO request is untimely, and it is DENIED. See Local Rule 231(b). However, Petitioner's request for appointment of counsel (Doc. 2 ) is GRANTED. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Courtroom Deputy I. Munoz, who shall update the docket to reflect counsel's appointment. To effectuate this appointment, the Clerk of Court is directed to serve a copy of the petition, via email, on the Federal Defender's Office. In addition, the Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge or by stipulation of the parties as needed. Respondents SHALL file their responsive pleading within 30 days. Therein, Respondents SHALL provide the Court with copies of any portions of Petitioner's A-File or related supervision records Respondents rely upon. Petitioner may file a traverse no later than 15 days after Respondents file their brief. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief signed by District Judge Jennifer L. Thurston on February 6, 2026. (Deputy Clerk IM) (Entered: 02/06/2026)
Feb 06, 2026
Order on Motion for TRO AND Order on Motion to Appoint Counsel
Feb 06, 2026
Service by Mail
Feb 06, 2026
SERVICE BY MAIL: 7 Minute Order on Motion to Appoint Counsel; Minute Order on Motion for TRO served on Omar Pena Alcazar. (Deputy Clerk IM)
#8
Feb 12, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#9
Feb 12, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk CM) (Entered: 02/12/2026)
Main Document:
CONSENT/DECLINE
Feb 19, 2026
Minute Order
#11
Mar 06, 2026
Dismiss
Main Document:
Dismiss
Parties
(HC) Pena Alcazar
Party
Warden of the California City Detention Facility
Party