Eastern District of California • 2:26-cv-00572

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

Active

Case Information

Filed: February 24, 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: February 25, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 24, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the California City Correctional Center by Erick Denilson Calderon Herrarte. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk KML) (Entered: 02/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Erick Denilson Calderon Herrarte. (Attachments: # 1 TRO Checklist) (Deputy Clerk KML) (Entered: 02/24/2026)
Main Document: Temporary Restraining Order
#3
Feb 24, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/30/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 02/24/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 24, 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: 02/24/2026)
Main Document: CONSENT/DECLINE
Feb 24, 2026
Service by Mail
Feb 24, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Erick Denilson Calderon Herrarte. (Deputy Clerk KML)
Feb 24, 2026
RECEIPT number 200017262 for $5.00 filing fee from Erick Denilson Calderon Herrarte. (Deputy Clerk KML)
#5
Feb 25, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner asserts that he has been detained since June 17, 2025 (Doc. 2 at 1), more than 8 months ago. He does not explain his delay in seeking his request for a temporary restraining order 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). 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. Petitioner may file a traverse no later than 10 days after the 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 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 relief signed by District Judge Jennifer L. Thurston on February 25, 2026. (Deputy Clerk IM) (Entered: 02/25/2026)
Feb 25, 2026
Service by Mail
Feb 25, 2026
Order on Motion for TRO
Feb 25, 2026
SERVICE BY MAIL: 5 Minute Order served on Erick Denilson Calderon Herrarte. (Deputy Clerk IM)

Parties

(HC) Calderon Herrarte
Party
Warden of the California City Correctional Center
Party