Active
Case Information
Filed: February 20, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 25, 2026
Parties:
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Docket Entries
#1
Feb 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Homero Garcia. (Deputy Clerk VLC) (Entered: 02/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#3
Feb 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Homero Garcia. (Deputy Clerk VLC) (Entered: 02/20/2026)
Main Document:
Temporary Restraining Order
#4
Feb 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 02/20/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Feb 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden (Williams, Jonathan) (Entered: 02/20/2026)
Main Document:
DESIGNATION
#6
Feb 20, 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: 02/20/2026)
Main Document:
CONSENT/DECLINE
#7
Feb 20, 2026
MINUTE ORDER (Text Entry Only) ORDER DENYING TRO; AND ORDER PREVENTING REMOVAL OR TRANSFER PENDING FURTHER COURT ORDER;The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ), both of which were filed pro se. Petitioner asserts he has been detained since September 3, 2025. Despite having been detained for more than five months, Petitioner fails to explain adequately the delay in seeking a temporary restraining order or why, despite this delay, 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). 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 as needed. Respondents SHALL file their responsive pleading within 21 days. Therein, Respondents are directed to address whether this case is distinguishable from the numerous cases in which this Court has granted habeas relief and 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. The Clerk's Office is directed to serve Respondents with a copy of the Petition, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov. The Clerk's Office is further directed to serve a copy of this Minute Order on Petitioner signed by District Judge Jennifer L. Thurston on February 20, 2026. (Deputy Clerk IM) (Entered: 02/20/2026)
Feb 20, 2026
SERVICE BY MAIL: 7 Order on Motion for TRO served on Homero Garcia. SERVICE BY EMAIL: 7 Order & 1 Petition served on counsel for Respondents as directed. (Deputy Clerk CRM)
Feb 20, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Homero Garcia. (Deputy Clerk VLC)
Feb 20, 2026
Order on Motion for TRO
Feb 20, 2026
Service by Mail
Feb 23, 2026
RECEIPT number 200017199 for $5.00 for Homero Garcia. (Deputy Clerk LMS)
#8
Mar 13, 2026
RESPONSE by Warden to 1 Petition for Writ of Habeas Corpus, 7 Order on Motion for TRO,,,,,,,,,,. (Attachments: # 1 Exhibit Voluntary Departure Order, # 2 Exhibit Bond Orders, # 3 Exhibit Voluntary Departure Appeal Receipt, # 4 Exhibit Prior District Court Orders, # 5 Proof of Service)(Williams, Jonathan) (Entered: 03/13/2026)
Main Document:
RESPONSE
#9
Mar 23, 2026
TRAVERSE by Homero Garcia. (Deputy Clerk AML) (Entered: 03/23/2026)
Main Document:
TRAVERSE
#10
Mar 25, 2026
AMENDED TRAVERSE to Respondent's Opposition to Successive Petition by Homero Garcia. (Deputy Clerk AML) (Entered: 03/25/2026)
Main Document:
AMENDED
#11
Mar 25, 2026
EXHIBIT One by Warden re 10 Amended Document. (Attachments: # 1 Exhibit Custody Redetermination Request, # 2 Proof of Service Proof of service)(Williams, Jonathan) (Entered: 03/25/2026)
Main Document:
EXHIBIT
#12
Apr 09, 2026
REPLY by Homero Garcia to Government's Motion to Dismiss. (Deputy Clerk AML) (Entered: 04/09/2026)
Main Document:
REPLY
#13
May 05, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#14
May 06, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#15
May 18, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
May 18, 2026
SERVICE BY MAIL: 15 Findings and Recommendations served on Homero Garcia. (Deputy Clerk CM)
May 18, 2026
Service by Mail
#16
May 21, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#17
Jun 18, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#18
Jun 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Homero Garcia. (Deputy Clerk AJB) (Entered: 06/25/2026)
Main Document:
Temporary Restraining Order
#19
Jun 24, 2026
FIRST AMENDED and SUPPLEMENTAL PETITION for WRIT of HABEAS CORPUS by Homero Garcia. (MAINTAINED ON PAPER) (Deputy Clerk AJB) (Entered: 06/25/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#20
Jun 25, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the request for emergency injunctive relief (Doc. 18). In it, Petitioner reasserts issues that he has addressed may times (Docs. 9, 10, 11, 12, 13, 14, 16, 17), all of which have been considered by the magistrate judge in his findings and recommendations--which the Court is continuing to evaluate. The Court does not find that Petitioner has established that he is likely to succeed on at least one of his claims or that some form of immediate relief may be appropriate. Thus, the TRO request is DENIED. The Court will issue its decision on the Findings and Recommendations as soon as possible signed by District Judge Jennifer L. Thurston on June 25, 2026. (Deputy Clerk IM) (Entered: 06/25/2026)
Jun 25, 2026
Order on Motion for TRO
Jun 25, 2026
Service by Mail
Jun 25, 2026
SERVICE BY MAIL: 20 Minute Order on Motion for TRO served on Homero Garcia. (Deputy Clerk IM)
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