Eastern District of California • 1:26-cv-01060

(HC) Tojxitumul v. Warden of the Mesa Verde Detention Facility

Completed

Case Information

Filed: February 06, 2026
Assigned to: Jennifer L. Thurston
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: March 23, 2026
Last Activity: March 23, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 06, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, 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, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility by Carlos Enrique Tojxitumul. (Deputy Clerk OFR) (Entered: 02/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Carlos Enrique Tojxitumul. (Deputy Clerk OFR) (Entered: 02/06/2026)
Main Document: In Forma Pauperis
#3
Feb 06, 2026
MOTION to APPOINT COUNSEL by Carlos Enrique Tojxitumul. (Deputy Clerk OFR) (Entered: 02/06/2026)
Main Document: Appoint Counsel
#4
Feb 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 02/06/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 06, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS re: 2 Motion to Proceed IFP as to Carlos Enrique Tojxitumul, signed by Magistrate Judge Christopher D. Baker on 2/6/2026. (Deputy Clerk OFR) (Entered: 02/06/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Feb 06, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents, 5 Order Authorizing IFP Status served on Carlos Enrique Tojxitumul. (Deputy Clerk OFR)
Feb 06, 2026
Service by Mail
#6
Feb 09, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 02/09/2026)
Main Document: DESIGNATION
#7
Feb 09, 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: 02/09/2026)
Main Document: CONSENT/DECLINE
#8
Feb 09, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document: 06 - HC/Order Requiring Respondent to File a Response
#9
Feb 09, 2026
DOCUMENT(S) SERVED ELECTRONICALLY: 1 Petition for Writ of Habeas Corpus, 8 Order served on the Office of the United States Attorney for the Eastern District of California. (Deputy Clerk OFR) (Entered: 02/09/2026)
Feb 09, 2026
Service by Mail
Feb 09, 2026
SERVICE BY MAIL: 8 Order served on Carlos Enrique Tojxitumul. (Deputy Clerk OFR)
#10
Feb 19, 2026
RESPONSE by 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, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility to 1 Petition for Writ of Habeas Corpus, 8 Order Directing Respondent to File a Response to the Petition,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 02/19/2026)
Main Document: RESPONSE
Attachment 1: Exhibit 1
Attachment 2: Exhibit 2
Attachment 3: Exhibit 3
#11
Feb 19, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#12
Mar 02, 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 EF) (Entered: 03/02/2026)
Main Document: CONSENT/DECLINE
Mar 02, 2026
RECEIPT number 100007377 for $5.00 fbo Carlos Enrique Tojxitumul from The Geo Group Inc. (Deputy Clerk AML)
#13
Mar 06, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
Mar 06, 2026
Service by Mail
Mar 06, 2026
SERVICE BY MAIL: 13 Findings and Recommendations served on Carlos Enrique Tojxitumul. (Deputy Clerk AML)
#14
Mar 11, 2026
NOTICE of APPEARANCE by Lina Baroudi on behalf of Carlos Enrique Tojxitumul. Attorney Baroudi, Lina added. (Baroudi, Lina) (Entered: 03/11/2026)
Main Document: Notice of Appearance
#15
Mar 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Carlos Enrique Tojxitumul. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Notice TRO Checklist)(Baroudi, Lina) (Entered: 03/11/2026)
Main Document: Temporary Restraining Order
#16
Mar 11, 2026
OPPOSITION by Respondents 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, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility to 15 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 03/11/2026)
Main Document: OPPOSITION
#17
Mar 11, 2026
MINUTE ORDER signed by District Judge Jennifer L. Thurston on 3/11/26 (Text Only Entry):The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 15 ). Petitioner asserts that he has been detained since December 10, 2025 (Doc. 15 at 2), about 3 months ago. He filed his petition on February 6, 2026 (Doc. 1 ). It is fully briefed, and the Magistrate Judge has issued findings and recommendations related to the petition. (Doc. 13 ) Notably, the Magistrate Judge does not recommend release of Petitioner. Id. Objections to the findings and recommendations are due on Friday. Id. In his current TRO, Petitioner seeks immediate release because his wife has reported to his attorney that he is facing imminent removal. (Doc. 15-3) Petitioner provides no information surrounding his belief that removal is imminent or that, in fact, the legal requirements for removal have been met. Imminent removal does not demonstrate that release is appropriate. Moreover, Petitioner does not explain his delay in seeking his request for a TRO or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). However, to allow the Court time to determine the underlying petition, 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 circumstances, the Court finds that this order is warranted to maintain the status quo. (Clerk lbc) (Entered: 03/11/2026)
Mar 11, 2026
Minute Order AND Order on Motion for TRO
#18
Mar 13, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#19
Mar 14, 2026
STATUS REPORT by 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, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) (Entered: 03/14/2026)
Main Document: STATUS
#20
Mar 23, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#21
Mar 23, 2026
Judgment
Main Document: Judgment