Eastern District of California • 1:26-cv-02046

(HC) Melendez Bustos v. Warden, Mesa Verde Detention Center

Active

Case Information

Filed: March 14, 2026
Assigned to: Kirk E. Sherriff
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: April 09, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 14, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of Mesa Verde Detention Center by Oscar Fernando Melendez Bustos. (Filing fee $ 5, receipt number ACAEDC-13036317) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 03/14/2026)
Main Document: PETITION
#2
Mar 14, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Oscar Fernando Melendez Bustos. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (Entered: 03/14/2026)
Main Document: MOTION
#3
Mar 16, 2026
Prisoner New Case Documents for Magistrate Judge as Presider
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 16, 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: 03/16/2026)
Main Document: CONSENT/DECLINE
#5
Mar 16, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/16/2026: The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 2 motion for temporary restraining order. 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 March 18, 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 2 motion for temporary restraining order should be converted into a motion for preliminary injunction and whether they request a hearing on the 2 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"). (gm) (Entered: 03/16/2026)
Mar 16, 2026
Minute Order
#6
Mar 18, 2026
RESPONSE by Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden, Mesa Verde Detention Center to 5 Minute Order,,,,,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(McDonald, Tracey) (Entered: 03/18/2026)
Main Document: RESPONSE
#7
Mar 20, 2026
REPLY by Oscar Fernando Melendez Bustos re 6 Response,. (Juarez, Nancy) (Entered: 03/20/2026)
Main Document: REPLY
#8
Apr 08, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/08/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Respondents' records show that immigration authorities charged petitioner as inadmissible pursuant to 8 U.S.C. §§ 1182(a)(6)(A)(i) in 2018, that petitioner was convicted of receiving stolen property in violation of California Penal Code § 496(a), and that petitioner was arrested twice in 2025 for assault by means of force likely to produce great bodily injury in violation of California Penal Code § 245(a)(4). Docs. 6-2, 6-5. Petitioner's detention appears to be under 8 U.S.C. § 1226(c)(1)(E), which authorizes detention for "any alien" who "is inadmissible under" 8 U.S.C. § 1182(a)(6)(A)(i) and "is charged with, is arrested for, [or] is convicted of,... any... theft... offense, or any crime that results in death or serious bodily injury to another person[.]" 8 U.S.C. § 1226(c)(1)(E). Petitioner's motion for temporary restraining order fails to meaningfully address this basis for his detention and fails to establish a likelihood of success on the merits. See Doc. 2. This matter is referred to the assigned magistrate judge for further proceedings on the petition. (Deputy Clerk VMG) (Entered: 04/08/2026)
Apr 08, 2026
Minute Order AND Order AND Order on Motion for TRO
#9
Apr 09, 2026
06 - HC/Order Requiring Respondent to File a Response
Main Document: 06 - HC/Order Requiring Respondent to File a Response

Parties

(HC) Melendez Bustos
Party
Warden, Mesa Verde Detention Center
Party