Eastern District of California • 1:26-cv-01603

(HC) Alvarez Lopez v. Warden of California City Corrections Center

Active

Case Information

Filed: February 25, 2026
Assigned to: Jennifer L. Thurston
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 02, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 25, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center by Freidy Yancarlo Alvarez Lopez. (Filing fee $ 5, receipt number ACAEDC-12958296) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 02/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Freidy Yancarlo Alvarez Lopez. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 02/25/2026)
Main Document: Temporary Restraining Order
#3
Feb 25, 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: 02/25/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Feb 25, 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: 02/25/2026)
Main Document: CONSENT/DECLINE
#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 for 163 days, which was soon after he had been arrested on a DUI. (Doc. 2 at 4) 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 30 days. Petitioner may file a traverse no later than 15 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
Order on Motion for TRO
#8
Apr 02, 2026
ORDER WITHDRAWING the Reference of this Matter to the Magistrate Judge; GRANTING 1 Petition for Writ of Habeas Corpus, signed by District Judge Jennifer L. Thurston on 4/2/2026. Within 14 days of the date of service of this order, un less Petitioner consents to a later date, Respondent SHALL provide Petitioner with an individualized bond hearing before an immigration judge that complies with the requirements set forth in Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011 ), and where "the government must prove by clear and convincing evidence that [Petitioner] is a flight risk or a danger to the community to justify denial of bond," id. at 1203. In the event Petitioner is "determined not to be a danger to the community and not to be so great a flight risk as to require detention without bond," the immigration judge should consider Petitioner's financial circumstances and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 1000 (9th Cir. 2017). If Respondents fail to provide a timely bond hearing in accordance with this order, Respondents are ordered to immediately release Petitioner. CASE CLOSED. (Deputy Clerk OFR)
Main Document: Order Dismissing Case AND ~Util - 1 Terminate Deadlines and Hearings
#9
Apr 02, 2026
Judgment
Main Document: Judgment

Parties

(HC) Alvarez Lopez
Party
Warden of California City Corrections Center
Party