Eastern District of California • 2:26-cv-00511

#1

Feb 20, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Homero Garcia. (Deputy Clerk VLC) (Entered: 02/20/2026)

#3

Feb 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Homero Garcia. (Deputy Clerk VLC) (Entered: 02/20/2026)

#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)

#5

Feb 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden (Williams, Jonathan) (Entered: 02/20/2026)

#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)

#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: 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 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 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)

#9

Mar 23, 2026

TRAVERSE by Homero Garcia. (Deputy Clerk AML) (Entered: 03/23/2026)

#10

Mar 25, 2026

AMENDED TRAVERSE to Respondent's Opposition to Successive Petition by Homero Garcia. (Deputy Clerk AML) (Entered: 03/25/2026)

#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)

#12

Apr 09, 2026

REPLY by Homero Garcia to Government's Motion to Dismiss. (Deputy Clerk AML) (Entered: 04/09/2026)

#13

May 04, 2026

MOTION for IMMEDIATE RELEASE by Homero Garcia. (Attachments: # 1 Brief in Support) (Deputy Clerk KEZ) (Entered: 05/05/2026)

#14

May 06, 2026

MOTION for Immediate Release Based on Unconstitutionally Prolonged Detention of Eight Months by Homero Garcia. (Deputy Clerk JPX) (Entered: 05/06/2026)

#15

May 18, 2026

FINDINGS and RECOMMENDATIONS to Deny Petition for Writ of Habeas Corpus and Deny Motions for Immediate Release, signed by Magistrate Judge Christopher D. Baker on 05/18/2026. referred to Judge Thurston. Objections to F&R due within Fourteen-Days. (Deputy Clerk CM) (Entered: 05/18/2026)

May 18, 2026

Service by Mail

May 18, 2026

SERVICE BY MAIL: 15 Findings and Recommendations served on Homero Garcia. (Deputy Clerk CM)

#16

May 20, 2026

OBJECTIONS to 15 FINDINGS and RECOMMENDATIONS by Petitioner Homero Garcia. (Deputy Clerk KML) (Entered: 05/21/2026)

#17

Jun 18, 2026

OBJECTIONS to 15 FINDINGS and RECOMMENDATIONS by Petitioner Homero Garcia. (Deputy Clerk AJB) (Entered: 06/18/2026)

#18

Jun 24, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Homero Garcia. (Deputy Clerk AJB) (Entered: 06/25/2026)

#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)

#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

Service by Mail

Jun 25, 2026

SERVICE BY MAIL: 20 Minute Order on Motion for TRO served on Homero Garcia. (Deputy Clerk IM)

Jun 25, 2026

Order on Motion for TRO

#21

Jul 09, 2026

MOTION to EXPEDITE RULING on Pending Objections, Supplemental Habeas Petition, and REQUEST for IMMEDIATE RELEASE by Homero Garcia. (Deputy Clerk KML) (Entered: 07/10/2026)

#22

Jul 23, 2026

NOTICE of Material Change in Circumstances by Homero Garcia. (Deputy Clerk LJB) (Entered: 07/23/2026)

#23

Aug 05, 2026

MOTION to AMEND the 19 Amended Petition for Writ of Habeas Corpus by Homero Garcia. (Deputy Clerk KEZ) (Entered: 08/11/2026)

#24

Aug 05, 2026

SECOND AMENDED and SUPPLEMENTAL PETITION for WRIT of HABEAS CORPUS by Homero Garcia. (Deputy Clerk KEZ) (Entered: 08/11/2026)

#25

Aug 05, 2026

RENEWED MOTION for TEMPORARY RESTRAINING ORDER and MOTION for PRELIMINARY INJUNCTION by Homero Garcia. (Attachments: # 1 Declaration, # 2 Proposed Order) (Deputy Clerk KEZ) (Entered: 08/11/2026)

#26

Aug 11, 2026

MINUTE ORDER (Text Entry Only) The Court has reviewed Petitioner's most recent filing seeking emergency injunctive relief/preliminary injunction (Doc. 25). The Court has twice before denied similar requests (Doc. 7, 20) The underlying petition has been fully briefed and findings and recommendations have been issued to deny the petition (Doc. 15) Since the F&Rs issue, petitioner has lodged a First and Second Amended petition (Docs. 19 and 24) in which he continues to press his prolonged detention claim. If petitioner is seeking reconsideration of the prior orders denying TROs, he has failed to meet the standard for reconsideration. As a new filing for the same relief, he fails to identify the procedural basis for such a repeat filing. In any event, he fails to appreciate that the Court must determine whether his detention status should be addressed on shortened time (i.e., as a procedural emergency). Eastern District of California Local Rule 231(b) permits the Court to consider "whether the applicant could have sought relief by motion for preliminary injunction at an earlier date without the necessity for seeking last-minute relief by motion for temporary restraining order." Nothing in the current filing causes the Court to question its prior determination that the issues raised here could have been brought earlier by way of a regularly scheduled motion. The evidence of harm cited by petitioner is identified by nearly every of the almost 6,300 petitioners who has sought immigration-related habeas relief from this Court just since January. Petitioner's request is, in effect, an attempt to jump the line ahead of similarly situated individuals. For these reasons, the new request for a temporary restraining order (Doc 25) is DENIED. The motion for preliminary injunction and motion to amend the petition for writ of habeas corpus (Doc. 23) are referred to the assigned magistrate judge. Opposition to the motions SHALL be filed within 21 days signed by District Judge Jennifer L. Thurston on August 11, 2026. (Deputy Clerk IM) (Entered: 08/11/2026)

Aug 11, 2026

Service by Mail

Aug 11, 2026

SERVICE BY MAIL: 26 Minute Order on Motion for TRO served on Homero Garcia. (Deputy Clerk IM)

Aug 11, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

#27

Aug 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER and MOTION for PRELIMINARY INJUNCTION and Request for immediate Release by Homero Garcia. (Deputy Clerk ED) (Entered: 08/14/2026)

#29

Aug 13, 2026

THIRD AMENDED PETITION for WRIT of HABEAS CORPUS by Homero Garcia. (Deputy Clerk ED) (Entered: 08/14/2026)

#28

Aug 14, 2026

MINUTE ORDER (Text Entry Only) The Court has received the "Renewed Ex Parte Application for Temporary Restraining Order" (Doc. 27). This filing is an exact duplicate of one Petitioner filed 8 days ago. Thus, this new motion (Doc. 27) is disregarded signed by District Judge Jennifer L. Thurston on August 14, 2026. (Deputy Clerk IM) (Entered: 08/14/2026)

Aug 14, 2026

Order on Motion for TRO

Aug 14, 2026

Service by Mail

Aug 14, 2026

SERVICE BY MAIL: 28 Minute Order on Motion for TRO served on Homero Garcia. (Deputy Clerk IM)