Eastern District of California • 2:26-cv-01240
(HC) Garcia Machado v. Warden, California City Correctional Center
Active
Case Information
Filed: April 01, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 13, 2026
Parties:
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Docket Entries
#1
Apr 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Andy Manuel Garcia Machado. (Deputy Clerk KML) (Entered: 04/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Andy Manuel Garcia Machado. (Deputy Clerk KML) (Entered: 04/01/2026)
Main Document:
Temporary Restraining Order
#3
Apr 01, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 04/01/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Apr 01, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/1/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging 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 exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Friday, 4/3/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 04/01/2026)
Apr 01, 2026
Service by Mail
Apr 01, 2026
RECEIPT number 200018078 for $5.00 for Filing Fee from Andy Manuel Garcia Machado. (Deputy Clerk VLC)
Apr 01, 2026
SERVICE BY MAIL: 4 Minute Order served on Andy Manuel Garcia Machado. (Deputy Clerk PAB)
Apr 01, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Andy Manuel Garcia Machado. (Deputy Clerk KML)
Apr 01, 2026
Minute Order
#5
Apr 02, 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: 04/02/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 03, 2026
ANSWER (Return and Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order and Injunctive Relief by Warden, California City Correctional Center. (Andrews, Anthony) Modified on 4/8/2026 (KS). (Entered: 04/03/2026)
Main Document:
ANSWER
#7
Apr 08, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/8/2026: On 4/1/2026, petitioner, proceeding pro se, filed a petition for writ of habeas corpus (Doc. No. 1 ) and a motion for temporary restraining order (Doc. No. 2 ). On 4/3/2026, respondents filed an opposition to petitioner's motion for temporary restraining order, in which they argue that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c)(1)(E) because he has been charged as inadmissible pursuant to § 1182(a)(6)(A) and was arrested on a theft related criminal charge in Florida. (Doc. No. 6 at 2.) Petitioner admits that he was arrested on February 23, 2026, for a theft related charge, and that following his release from custody in that criminal case, he was immediately taken into immigration custody. (Doc. No. 1 at 5.) Petitioner states that the criminal charge brought against him was dismissed (Id. at 5), although he does not provide documentation in support of this statement, and respondents have provided documentation that the criminal prosecution is ongoing (Doc. No. 6 at 18-19). This court has previously ordered a due process bond hearing where a petitioner was subject to detention pursuant to § 1226(c)(1)(E) due to a qualifying arrest but the prosecution declined to file criminal charges. S.E. v. Noem, No. 1:26-cv-00356-DAD-SCR, 2026 WL 206085 (E.D. Cal. Jan. 27, 2026). Here, however, it appears that criminal charges against petitioner remain pending. Because the court does not at this time have sufficient information before it to determine whether the granting of preliminary relief is appropriate in this case, petitioner's motion for temporary restraining order (Doc. No. 2 ) is DENIED without prejudice to its renewal. The petition for habeas corpus (Doc. No. 1 ) is REFERRED to Magistrate Judge Chi Soo Kim for further proceedings. (Deputy Clerk PAB) (Entered: 04/08/2026)
Apr 08, 2026
Minute Order AND Order on Motion for TRO
Apr 08, 2026
Service by Mail
Apr 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Andy Manuel Garcia Machado. (Deputy Clerk PAB)
#8
Apr 13, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 13, 2026
Service by Mail
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