Eastern District of California • 1:26-cv-02336

(HC) Miranda v. Dicus

Active

Case Information

Filed: March 26, 2026
Assigned to: Kirk E. Sherriff
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: April 20, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 25, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-41833084 for $5 filing fee, filed by Petitioner Ventura Vela Miranda. (Attachments: # 1 Civil Cover Sheet) (Attorney Tucker H Sandler added to party Ventura Vela Miranda(pty:pet))(Sandler, Tucker) [Transferred from cacd on 3/26/2026.] (Entered: 03/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 25, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#3
Mar 26, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Fred W. Slaughter and referred to Magistrate Judge Steve Kim, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (mza) [Transferred from cacd on 3/26/2026.] (Entered: 03/26/2026)
Main Document: Notice (Other)
#4
Mar 26, 2026
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus, 1 . The following error(s) was found: Other error(s) with document(s): Attachment #1-Civil Cover Sheet. The document(s) should have been filed separately using their true events. You are not required to take any action to correct this deficiency unless the Court so directs. (mza) [Transferred from cacd on 3/26/2026.] (Entered: 03/26/2026)
Main Document: Notice (Other)
#5
Mar 26, 2026
Order
Main Document: Order
#6
Mar 26, 2026
CASE TRANSFERRED IN from District of California Central; Case Number 5:26-cv-01440. (Entered: 03/26/2026)
Main Document: Case Transferred In - District Transfer
#7
Mar 26, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due within thirty (30) days. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 03/26/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#8
Mar 26, 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: 03/26/2026)
Main Document: CONSENT/DECLINE
#9
Mar 26, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/26/2026: 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 30, 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: 03/26/2026)
Mar 26, 2026
Minute Order
#10
Mar 30, 2026
Dismiss
Main Document: Dismiss
#11
Mar 31, 2026
RESPONSE by Ventura Vela Miranda to 10 Motion to Dismiss. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sandler, Tucker) (Entered: 03/31/2026)
Main Document: RESPONSE
#12
Mar 31, 2026
Dismiss
Main Document: Dismiss
#13
Mar 31, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/31/2026: (Text Only Entry); The motions to dismiss this case as duplicative of Case No. 1:26-cv-02359-JLT-SAB are DENIED. Case No. 1:26-cv-02359-JLT-SAB, the later-filed case, was already dismissed as duplicative. (Deputy Clerk VMG) (Entered: 03/31/2026)
#14
Mar 31, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/31/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Petitioner argues that her detention is governed by 8 U.S.C. § 1226(a), see Doc. 2 at 3-4, 6, but she is subject to a reinstated order of removal, see Doc. 8-1 at 3, Vela Miranda v. Chestnut, 1:26-cv-02359-JLT-SAB (incorporated by reference in Doc. 10 at 2 n.1). The detention of a noncitizen subject to a reinstated order of removal is governed by 8 U.S.C. § 1231. See Padilla-Ramirez v. Bible, 882 F.3d 826, 830-33 (9th Cir. 2017); Johnson v. Guzman Chavez, 594 U.S. 523, 532-39 (2021). Petitioner's motion fails to address § 1231, the statute which governs her detention. The petition is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition or other appropriate action. (Deputy Clerk VMG) (Entered: 03/31/2026)
#15
Mar 31, 2026
RESPONSE by Ventura Vela Miranda to 14 Minute Order,,,, Order on Motion for TRO,,,. (Sandler, Tucker) (Entered: 03/31/2026)
Main Document: RESPONSE
Mar 31, 2026
Minute Order AND Order on Motion to Dismiss AND Order on Motion to Dismiss
Mar 31, 2026
Minute Order AND Order on Motion for TRO
#16
Apr 01, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#17
Apr 01, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/1/2026: By April 6, 2026, respondents shall file a copy of petitioner's prior expedited removal order and a copy of the reinstated order of removal. (Entered: 04/01/2026)
Apr 01, 2026
Minute Order
#18
Apr 06, 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: 04/06/2026)
Main Document: CONSENT/DECLINE
#19
Apr 06, 2026
REPLY by Ventura Vela Miranda re 17 Minute Order, 16 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Sandler, Tucker) (Entered: 04/06/2026)
Main Document: REPLY
#20
Apr 06, 2026
Notice (Other)
Main Document: Notice (Other)
#21
Apr 07, 2026
REPLY by Ventura Vela Miranda re 20 Notice - Other,. (Attachments: # 1 Exhibit)(Sandler, Tucker) (Entered: 04/07/2026)
Main Document: REPLY
#22
Apr 13, 2026
Notice of Filing / Lodging Document
Main Document: Notice of Filing / Lodging Document
#23
Apr 14, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/14/2026: (Text Only Entry); Petitioner's 16 second motion for temporary restraining order is denied as she fails to establish a likelihood of success on the merits of the claim raised in her motion. The Court denied petitioner's first motion for temporary restraining order because petitioner was subject to a reinstated order of removal, and she incorrectly argued that her detention was governed by 8 U.S.C. § 1226(a). See Doc. 14. As noted in the prior minute order, the detention of a noncitizen subject to a reinstated order of removal is governed by 8 U.S.C. § 1231, not § 1226(a). See Padilla-Ramirez v. Bible, 882 F.3d 826, 830-33 (9th Cir. 2017); Johnson v. Guzman Chavez, 594 U.S. 523, 532-39 (2021). Petitioner's second motion for temporary restraining order similarly fails to address 8 U.S.C. § 1231. See Doc. 16. While petitioner argues that respondents have not shown she is subject to a reinstated order of removal (see id. at 3-4; Doc. 21 at 4-5), respondents have now filed copies of both petitioner's April 22, 1998 expedited removal order and her March 24, 2026 reinstated order of removal. See Docs. 20-1, 22-1. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition or other appropriate action. (Deputy Clerk VMG) (Entered: 04/14/2026)
#24
Apr 14, 2026
REPLY by Ventura Vela Miranda re 22 Notice of Filing / Lodging Document,. (Sandler, Tucker) (Entered: 04/14/2026)
Main Document: REPLY
Apr 14, 2026
Minute Order AND Order on Motion for TRO
#25
Apr 15, 2026
MINUTE ORDER (TEXT ONLY): On April 14, 2026, the District Court issued an order 23 denying petitioner's second motion 16 for temporary restraining order and referring the matter to the undersigned for further proceedings. The parties are directed to advise the Court within five (5) days whether they wish to provide additional briefing. If the parties do not respond within the specified time, the Court will assume the parties wish to proceed on their current submissions. Minute order signed by Magistrate Judge Frank J. Singer on 4/15/2026. (Deputy Clerk EV) (Entered: 04/15/2026)
Apr 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#26
Apr 17, 2026
Request
Main Document: Request
#27
Apr 20, 2026
MINUTE ORDER (TEXT ONLY): On April 15, 2026, the undersigned issue an order 25 directing the parties to advise the Court whether they desired to provide additional briefing on the petition. On April 17, 2026, Petitioner filed a response 26 indicating he wishes to provide further briefing. Accordingly, Petitioner's brief is due on or before May 20, 2026. Respondent's reply brief is due within thirty (30) days after Petitioner's brief is filed. Minute order signed by Magistrate Judge Frank J. Singer on 4/20/2026. (Deputy Clerk EV) (Entered: 04/20/2026)
Apr 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

Dicus
Party
(HC) Miranda
Party