Eastern District of California • 2:26-cv-01028
(HC) Murillo Tirado v. Warden, California City Correctional Center
Completed
Case Information
Filed: March 23, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 03, 2026
Last Activity:
June 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Oscar Fernando Murillo Tirado. (Deputy Clerk AJB) (Entered: 03/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Oscar Fernando Murillo Tirado. (Deputy Clerk AJB) (Entered: 03/23/2026)
Main Document:
Temporary Restraining Order
#3
Mar 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AJB) (Entered: 03/23/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Mar 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 03/23/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1.) Respondents shall file any opposition to the petition by March 25, 2026. Any opposition shall indicate whether Respondents request a hearing on the petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). In the meantime, 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, 608 (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."). The Clerk of the Court shall serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. (Text Only Entry) (Deputy Clerk JRW) (Entered: 03/23/2026)
Mar 23, 2026
Service by Mail
Mar 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 23, 2026
RECEIPT number 200017865 for $5.00 for Oscar Fernando Murillo Tirado. (Deputy Clerk LMS)
Mar 23, 2026
SERVICE BY MAIL: 4 Minute Order served on Oscar Fernando Murillo Tirado. (Deputy Clerk MDK)
Mar 23, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Oscar Fernando Murillo Tirado. (Deputy Clerk AJB)
#6
Mar 24, 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: 03/24/2026)
Main Document:
CONSENT/DECLINE
#7
Mar 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center, attorney Christopher William Dextre, GOVT terminated (Andrews, Anthony) (Entered: 03/24/2026)
Main Document:
DESIGNATION
#8
Mar 25, 2026
RESPONSE by Warden, California City Correctional Center to 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order, 4 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Andrews, Anthony) (Entered: 03/25/2026)
Main Document:
RESPONSE
#9
Mar 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 27, 2026: This matter is before the Court on Petitioner's Motion for a Temporary Restraining Order ("TRO"). (ECF No 2 .) The Court finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc. 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause for prolonged detention; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Meza Linares v. Warden of Golden State Annex, No. 1:26-cv-00047-TLN-EFB (E.D. Ca. Feb. 19, 2026). Accordingly, Petitioner's Motion for TRO is GRANTED. Respondents must provide a bond hearing within three (3) days of this Order where Respondents bear the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider Petitioner's financial circumstances for bond and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 991 (9th Cir. 2017). At the hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or flight risk, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the neutral decisionmaker at the hearing. Within five (5) days, Respondent must file a notice of compliance and identify the outcome of the bond hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/27/2026)
Mar 27, 2026
Service by Mail
Mar 27, 2026
SERVICE BY MAIL: 9 Minute Order served on Oscar Fernando Murillo Tirado. (Deputy Clerk MDK)
Mar 27, 2026
Minute Order AND Order on Motion for TRO
#10
Apr 02, 2026
NOTICE of COMPLIANCE and STATUS REPORT by Warden, California City Correctional Center. (Andrews, Anthony) Modified on 4/7/2026 (KS). (Entered: 04/02/2026)
Main Document:
NOTICE
#11
Apr 23, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/23/2026: Respondents are HEREBY ORDERED to file, no later than April 28, 2026, (1) a copy of the Immigration Judge's written decision following petitioner's bond hearing on March 30, 2026; and (2) a transcript of that hearing. In addition, the undersigned sua sponte grants Petitioner leave to file a response Respondents' request to dismiss the § 2241 petition as moot (ECF No. 10 ). Petitioner may file the response no later than May 14, 2026. (Deputy Clerk SH) (Entered: 04/23/2026)
Apr 23, 2026
SERVICE BY MAIL: 11 Minute Order served on Oscar Fernando Murillo Tirado. (Deputy Clerk SH)
Apr 23, 2026
Service by Mail
Apr 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Apr 27, 2026
RESPONSE to 11 Minute Order by Warden, California City Correctional Center. (Andrews, Anthony) Modified on 5/1/2026 (HAH). (Entered: 04/27/2026)
Main Document:
RESPONSE
#13
May 07, 2026
Notice (Other)
Main Document:
Notice (Other)
#14
May 22, 2026
Findings and Recommendations
May 22, 2026
Service by Mail
May 22, 2026
SERVICE BY MAIL: 14 Findings and Recommendations served on Oscar Fernando Murillo Tirado. (Deputy Clerk KS)
#15
May 26, 2026
BRIEF in Support of 1 Petition for Writ of Habeas Corpus filed by Oscar Fernando Murillo Tirado. (Deputy Clerk OML) (Entered: 05/27/2026)
Main Document:
BRIEF
#16
May 29, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#17
Jun 03, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations
#18
Jun 03, 2026
Judgment
Main Document:
Judgment
Jun 03, 2026
Service by Mail
Jun 03, 2026
SERVICE BY MAIL: 18 Judgment and 17 Order Adopting Findings and Recommendations served on Oscar Fernando Murillo Tirado. (Deputy Clerk VLC)
Parties
(HC) Murillo Tirado
Party
Warden, California City Correctional Center
Party