Eastern District of California • 1:26-cv-02194

(HC) Che Ochoa v. Warden

Active

Case Information

Filed: March 20, 2026
Assigned to: Jennifer L. Thurston
Referred to: Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: April 06, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 20, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden by Josue Abraham Che Ochoa. ( RECEIPT #100007620 $5.00 paid on 03/20/2026 by Josue Abraham Che Ochoa ) (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER and Stay of Removal by Josue Abraham Che Ochoa. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Temporary Restraining Order
#3
Mar 20, 2026
MOTION for Immediate Release or a Bond Hearing by Josue Abraham Che Ochoa. (Deputy Clerk CM) (Entered: 03/20/2026)
Main Document: Miscellaneous Relief
#4
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
#5
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 asserts that he has been detained since January 29, 2026 (Doc. 1 at 1), more than 50 days ago. 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 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)
#6
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
Order on Motion for TRO
Mar 20, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Josue Abraham Che Ochoa. (Deputy Clerk CM)
Mar 20, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Josue Abraham Che Ochoa. (Deputy Clerk IM)
Mar 20, 2026
Service by Mail
#7
Apr 01, 2026
Notice of Voluntary Dismissal
Main Document: Notice of Voluntary Dismissal
#8
Apr 06, 2026
Order Dismissing Case AND Order on Motion for Miscellaneous Relief
Main Document: Order Dismissing Case AND Order on Motion for Miscellaneous Relief
Apr 06, 2026
Service by Mail

Parties

(HC) Che Ochoa
Party
Warden
Party