Eastern District of California • 1:26-cv-01795

#1

Mar 05, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Genaro LEMUS- CISNEROS. (Filing fee $ 5, receipt number ACAEDC-12995557) (Attachments: # 1 Proposed Order, # 2 Exhibit ICE Form I-213, # 3 Exhibit DHS Form I-862 Notice to Appear, # 4 Exhibit Bond Denial, # 5 Exhibit Bond support evidence)(Howard, Kyle) (Entered: 03/05/2026)

#2

Mar 05, 2026

CIVIL COVER SHEET filed by Genaro LEMUS- CISNEROS. (Howard, Kyle) (Entered: 03/05/2026)

#3

Mar 05, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Genaro LEMUS- CISNEROS. (Attachments: # 1 Memorandum Points and Authorities, # 2 Declaration, # 3 Proposed Order)(Howard, Kyle) (Entered: 03/05/2026)

#4

Mar 05, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk MCF) (Entered: 03/05/2026)

#5

Mar 05, 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: 03/05/2026)

#6

Mar 05, 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. 3). Petitioner asserts that he has been detained since June 23, 2025 (Doc. 3 at 1), more than 8 months ago. He asserts that his motion is timely because he did not, before now, have a compelling reason to support motion. Id. at 7. Now, he contends, his prolonged detention justifies treating his situation as an emergency. Id. This argument misses the point. No matter the merit in Petitioner's filing, he could have been brought earlier by way of a regularly scheduled motion. The evidence of harm cited by counsel is identified by every petitioner who has sought immigration-related habeas relief from this Court in recent months--at the rate of 4 to 5 dozen per judge per week. Petitioner's request is, in effect, an attempt to jump the line ahead of similarly situated individuals. For these reasons, the request for a temporary restraining order (Doc 3) is untimely, and it is DENIED. 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 March 5, 2026. (Deputy Clerk IM) (Entered: 03/05/2026)

Mar 05, 2026

Order on Motion for TRO