Eastern District of California • 2:26-cv-01330
(HC) Alvarez Sosa v. Warden, California City Correctional Center
Active
Case Information
Filed: April 06, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 06, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Adrian Alvarez Sosa. (Deputy Clerk JJD) (Entered: 04/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Adrian Alvarez Sosa. (Deputy Clerk JJD) (Entered: 04/06/2026)
Main Document:
Temporary Restraining Order
#4
Apr 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/11/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JJD) (Entered: 04/06/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Apr 06, 2026
RECEIPT number 200018179 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)
Apr 06, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Adrian Alvarez Sosa. (Deputy Clerk JJD)
Apr 06, 2026
Service by Mail
#6
Apr 07, 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: 04/07/2026)
Main Document:
CONSENT/DECLINE
#7
Apr 07, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/07/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The 1 petition appears to raise legal issues that this Court has previously addressed. See e.g., Ramazan M. v. Andrews, No. 1:25-CV-01356-KES-SKO (HC), 2025 WL 3145562 (E.D. Cal. Nov. 10, 2025); R.A.N.O. v. Wofford, No. 1:25-CV-01535-KES-EPG (HC), 2026 WL 40507 (E.D. Cal. Jan. 6, 2026); Omer G. G. v. Kaiser, No. 1:25-CV-01471-KES-SAB (HC), 2025 WL 3254999 (E.D. Cal. Nov. 22, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before April 9, 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 Ramazan M. v. Andrews, R.A.N.O. v. Wofford, and Omer G. G. v. Kaiser and justify denying the petition, or indicate the matter is not substantively distinguishable. 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"). (Deputy Clerk VMG) (Entered: 04/07/2026)
Apr 07, 2026
SERVICE BY MAIL: 7 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk VMG)
Apr 07, 2026
Minute Order
Apr 07, 2026
Service by Mail
#8
Apr 09, 2026
RESPONSE by Warden, California City Correctional Center to 7 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Andrews, Anthony) (Entered: 04/09/2026)
Main Document:
RESPONSE
#9
Apr 14, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/14/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Respondents' records show that petitioner is currently charged by immigration authorities as inadmissible pursuant to 8 U.S.C. §§ 1182(a)(6)(A)(i) and 1182(a)(7)(A)(i)(I) and that petitioner is currently charged by state authorities with felony burglary. Doc. 8, Exs. 2, 4. Petitioner's motion for temporary restraining order argues that his detention is governed by 8 U.S.C. § 1226(a), which provides for a bond hearing. See Doc. 2 . But petitioner's detention appears to be under 8 U.S.C. § 1226(c)(1)(E), which authorizes detention for "any alien" who "is inadmissible under" 8 U.S.C. §§ 1182(a)(6)(A)(i) or 1182(a)(7)(A)(i)(I) and "is charged with, is arrested for, [or] is convicted of,... any burglary... offense[.]" 8 U.S.C. § 1226(c)(1)(E). As it appears from the record that the burglary charges against petitioner remain pending, see Doc. 8, Ex. 4, petitioner fails to establish a likelihood of success on the merits as his motion does not address the correct statute governing his detention. This matter is referred to the assigned magistrate judge for further proceedings on the petition. (Deputy Clerk VMG) (Entered: 04/14/2026)
Apr 14, 2026
SERVICE BY MAIL: 9 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk VMG)
Apr 14, 2026
Minute Order AND Order on Motion for TRO
Apr 14, 2026
Service by Mail
#10
Apr 15, 2026
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Sheila K. Oberto on 4/15/2026: On April 14, 2026, the Court issued an order 9 denying Petitioner's motion for temporary restraining order. The parties are directed to advise the Court within five (5) days whether they wish to file further briefing on the petition. If the parties do not respond, the Court will assume they do not intend to file additional briefing. (Deputy Clerk YV) (Entered: 04/15/2026)
Apr 15, 2026
Minute Order
Apr 15, 2026
Service by Mail
Apr 15, 2026
SERVICE BY MAIL: 10 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk YV)
#11
Apr 22, 2026
Notice (Other)
Main Document:
Notice (Other)
Apr 30, 2026
Service by Mail
May 05, 2026
Service by Mail
Parties
(HC) Alvarez Sosa
Party
Warden, California City Correctional Center
Party