Eastern District of California • 1:26-cv-01524

(HC) Calderon Herrarte v. Warden, California City Correctional Center

Active

Case Information

Filed: February 23, 2026
Assigned to: Kirk E. Sherriff
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 26, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Erick Denilson Calderon Herrarte. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Erick Denilson Calderon Herrarte. (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: In Forma Pauperis
#3
Feb 23, 2026
MOTION to APPOINT COUNSEL by Erick Denilson Calderon Herrarte. (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: Appoint Counsel
#4
Feb 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Erick Denilson Calderon Herrarte. (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: Temporary Restraining Order
#5
Feb 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#6
Feb 23, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Erick Denilson Calderon Herrarte signed by District Judge Lawrence J. O'Neill on 02/23/2026. (Deputy Clerk EF) (Entered: 02/23/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#7
Feb 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Needle for Warden, California City Correctional Center (Needle, Jonathan) (Entered: 02/23/2026)
Main Document: DESIGNATION
#8
Feb 23, 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: 02/23/2026)
Main Document: CONSENT/DECLINE
#9
Feb 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/23/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. The 4 motion for temporary restraining order appears to challenge petitioner's detention without a § 1226(a) bond hearing and raise legal issues that this Court has previously addressed. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, 801 F. Supp. 3d 1104 (E.D. Cal. 2025). On or before February 25, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Crispin M.C. v. Noem, J.A.C.P. v. Wofford and Lepe v. Andrews and justify denying the motion, or indicate the matter is not substantively distinguishable. Respondents shall state their position as to whether the 4 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 4 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, Julien) (Entered: 02/23/2026)
Feb 23, 2026
Minute Order
#10
Feb 25, 2026
RESPONSE to 9 ORDER to SHOW CAUSE by Warden, California City Correctional Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Needle, Jonathan) (Entered: 02/25/2026)
Main Document: RESPONSE
#11
Feb 26, 2026
Order on Motion to Appoint Counsel
Main Document: Order on Motion to Appoint Counsel
Feb 26, 2026
Service by Mail
Feb 26, 2026
SERVICE BY MAIL: 11 Order on Motion to Appoint Counsel served on Erick Denilson Calderon Herrarte. (Deputy Clerk AML)

Parties

(HC) Calderon Herrarte
Party
Warden, California City Correctional Center
Party