Eastern District of California • 1:26-cv-01615

(HC) Fernandez Alpala v. Albarran

Active

Case Information

Filed: February 26, 2026
Assigned to: Dena M. Coggins
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: March 02, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 26, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Diegp Geovanny FERNANDEZ ALPALA. (Filing fee $ 5, receipt number ACAEDC-12961571) (Attachments: # 1 Exhibit Order of Release, # 2 Exhibit EOIR Automated Proof, # 3 Proposed Order)(Howard, Kyle) (Entered: 02/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 26, 2026
CIVIL COVER SHEET filed by Diegp Geovanny FERNANDEZ ALPALA. (Howard, Kyle) (Entered: 02/26/2026)
Main Document: CIVIL
#3
Feb 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/2/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 02/26/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Feb 26, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Diego Geovanny Fernandez Alpala. (Attachments: # 1 Memorandum Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Howard, Kyle) (Entered: 02/26/2026)
Main Document: Temporary Restraining Order
#5
Feb 26, 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: 02/26/2026)
Main Document: CONSENT/DECLINE
#6
Feb 26, 2026
Minute Order Issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 02/26/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 4 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by Count Four of the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 4 Motion for Temporary Restraining Order by 12:00 PM on 3/2/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 12:00 PM on 3/3/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count Four only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. If Petitioner has not already served a copy of the Petition and Motion by email to the U.S. Attorney's Office at their email address (usacae.ecf2241-imm@usdoj.gov), Petitioner's Counsel shall do so by no later than 5:00 PM on 2/27/2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary.(Text Only Entry) (Deputy Clerk CRN) (Entered: 02/26/2026)
Feb 26, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 26, 2026
RECEIPT number ACAEDC-12961571 for $5.00 for Diego Geovanny Fernandez Alpala. (Deputy Clerk SSA)
#7
Mar 02, 2026
Dismiss
Main Document: Dismiss

Parties

Albarran
Party
(HC) Fernandez Alpala
Party