Eastern District of California • 1:26-cv-02165

(HC) Sagastume Mcintosh v. Warden

Completed

Case Information

Filed: March 19, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: May 12, 2026
Last Activity: May 12, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 19, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden by Julio Alejandro Bernabe Sagastume Mcintosh. ( RECEIPT #100007617 $5.00 paid on 03/19/26 by Julio Alejandro Bernabe Sagastume Mcintosh ) (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 19, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Temporary Restraining Order
#3
Mar 19, 2026
MOTION for Immediate Release Pending Habeas Corpus Proceedings by Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Miscellaneous Relief
#4
Mar 19, 2026
MOTION to Expedite Consideration of Petition for Writ of Habeas Corpus by Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Miscellaneous Relief
#5
Mar 19, 2026
MOTION for Stay of Removal by Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Miscellaneous Relief
#6
Mar 19, 2026
DECLARATION of Next Friend in Support of Petitioner. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: DECLARATION
#7
Mar 19, 2026
PROOF of SERVICE by Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Certificate / Proof of Service
#8
Mar 20, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/23/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#9
Mar 20, 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 fails to explain when he was first arrested and documents only his transfer from Maryland (where he was housed for more than a week) to Arizona in January 2026 and then to California. (Doc. 2 at 4) He fails to demonstrate that his TRO is timely. Thus, 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 7 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 20, 2026. (Deputy Clerk IM) (Entered: 03/20/2026)
#10
Mar 20, 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: 03/20/2026)
Main Document: CONSENT/DECLINE
Mar 20, 2026
Service by Mail
Mar 20, 2026
Order on Motion for TRO
Mar 20, 2026
SERVICE BY MAIL: 8 Prisoner New Case Documents served on Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM)
Mar 20, 2026
SERVICE BY MAIL: 9 Minute Order on Motion for TRO served on Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk IM)
#11
Apr 10, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#12
Apr 10, 2026
Dismiss
Main Document: Dismiss
#13
Apr 20, 2026
REPLY by Julio Alejandro Bernabe Sagastume Mcintosh to Respondent's 11 Answer to Petition for Writ of Habeas Corpus. (Deputy Clerk SSA) (Entered: 04/21/2026)
Main Document: REPLY
#14
May 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Haddy Abouzeid, GOVT for Pamela Bondi,Haddy Abouzeid, GOVT for Todd M. Lyons,Haddy Abouzeid, GOVT for Kristi Noem,Haddy Abouzeid, GOVT for Warden, attorney Lauren Black, GOVT terminated (Black, Lauren) (Entered: 05/02/2026)
Main Document: DESIGNATION
#15
May 04, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk CRM) (Entered: 05/04/2026)
Main Document: ORDER
May 04, 2026
Service by Mail
May 04, 2026
SERVICE BY MAIL: 15 Order Reassigning Judge, served on Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CRM)
#16
May 12, 2026
ORDER Withdrawing the Reference of this Matter to the Magistrate Judge; GRANTING Petition for Writ of Habeas Corpus; DENYING Respondents' Motion to Dismiss; and Directing Respondents to Provide a Substantive Bond Hearing, signed by District Judge Jennifer L. Thurston on 05/12/2026. CASE CLOSED. (Deputy Clerk CM) (Entered: 05/12/2026)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#17
May 12, 2026
JUDGMENT dated *05/12/2026* pursuant to order. (Deputy Clerk CM) (Entered: 05/12/2026)
Main Document: Judgment
May 12, 2026
SERVICE BY MAIL: 17 Judgment, 16 Order served on Julio Alejandro Bernabe Sagastume Mcintosh. (Deputy Clerk CM)
May 12, 2026
Service by Mail