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:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 23, 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
Apr 06, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Adrian Alvarez Sosa. (Deputy Clerk JJD)
#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
Minute Order
Apr 07, 2026
Service by Mail
Apr 07, 2026
SERVICE BY MAIL: 7 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk VMG)
#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
Minute Order AND Order on Motion for TRO
Apr 14, 2026
SERVICE BY MAIL: 9 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk VMG)
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: 10 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk YV)
Apr 15, 2026
Service by Mail
#11
Apr 20, 2026
NOTICE of Intent to File Further Briefing and Supplemental Brief in Support of Petition for Writ of Habeas Corpus by Adrian Alvarez Sosa (Deputy Clerk JPX) (Entered: 04/22/2026)
Main Document:
Notice (Other)
Apr 30, 2026
RE-SERVICE BY MAIL: 9 Minute Order served on Adrian Alvarez Sosa. [Inadvertently mailed with documents for a Petitioner in a different case.] (Deputy Clerk KEZ)
Apr 30, 2026
Service by Mail
#12
May 05, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk MR) (Entered: 05/05/2026)
Main Document:
ORDER
May 05, 2026
SERVICE BY MAIL: 12 Order Reassigning Judge, served on Adrian Alvarez Sosa. (Deputy Clerk MR)
May 05, 2026
Service by Mail
#13
May 13, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 5/13/2026: (Text Only Entry). On April 14, 2026, the District Court issued an order 9 denying Petitioner's motion 2 for temporary restraining order. On April 15, 2026, the Court issued an order 10 directing the parties to advise the Court within five (5) days whether they wished to provide additional briefing. On April 20, 2026, Petitioner submitted further briefing 11 . In addition to his previous arguments, Petitioner now contends his prolonged detention of fifteen months without a bond hearing violates his due process rights. The petition indicates, however, that Petitioner has only been detained since January 5, 2026, a period of only four months. Insofar as this argument was not advanced until now, Respondent is directed to file a response within thirty (30) days of this order. (Deputy Clerk WAK) (Entered: 05/13/2026)
May 13, 2026
Minute Order
May 13, 2026
SERVICE BY MAIL: 13 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk WAK)
May 13, 2026
Service by Mail
#14
May 18, 2026
PETITIONER'S NOTICE of INTENT to File Further Briefing and Supplemental Brief in Support of Petition for Writ of Habeas Corpus by Adrian Alvarez Sosa (Deputy Clerk JPX) (Entered: 05/19/2026)
Main Document:
Notice (Other)
#15
May 18, 2026
MOTION for Leave to Correct/Amend Filing by Adrian Alvarez Sosa. (Deputy Clerk JPX) (Entered: 05/19/2026)
Main Document:
Miscellaneous Relief
#16
May 20, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 5/20/2026: (Text Only Entry). On May 13, 2026, the Court issued an order 13 directing the parties to advise whether they wished to provide additional briefing. On May 18, 2026, Petitioner responded by filing a notice 14 of intent to file a supplemental brief along with the proposed supplemental brief. Petitioner's supplemental brief is accepted, and Respondent is DIRECTED to file a responsive pleading within fourteen (14) days. Petitioner also filed a motion 15 to correct his earlier filing to reflect the date of his detention as January 5, 2025, rather than January 5, 2026. Petitioner's motion is GRANTED. (Deputy Clerk WAK) (Entered: 05/20/2026)
May 20, 2026
Minute Order
May 20, 2026
Service by Mail
May 20, 2026
SERVICE BY MAIL: 16 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk WAK)
#17
Jun 03, 2026
RESPONSE by Warden, California City Correctional Center to 14 Notice - Other, 16 Minute Order,,. (Andrews, Anthony) (Entered: 06/03/2026)
Main Document:
RESPONSE
#18
Jul 06, 2026
REPLY in Support of 1 Petition for Writ of Habeas Corpus; REQUEST for Status/MOTION to Expedite Decision; and Brief in Support by Adrian Alvarez Sosa. (Deputy Clerk LJB) (Entered: 07/06/2026)
Main Document:
Miscellaneous Relief
#19
Jul 07, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/7/2026: (Text Only Entry). The Court observes that Respondents represent that Petitioner had an immigration court hearing scheduled for July 2, 2026 and has a Florida state criminal case scheduled for July 9, 2026. (Doc. 17 at 1-2). The Court hereby ORDERS Respondents to file a status update regarding the outcomes of those proceeding by no later than July 17, 2026. (Deputy Clerk WAK) (Entered: 07/07/2026)
Jul 07, 2026
SERVICE BY MAIL: 19 Minute Order, served on Adrian Alvarez Sosa. (Deputy Clerk WAK)
Jul 07, 2026
Service by Mail
Jul 07, 2026
Minute Order
#20
Jul 17, 2026
STATUS REPORT by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 07/17/2026)
Main Document:
STATUS
#21
Jul 21, 2026
FINDINGS and RECOMMENDATIONS to Deny 1 Petition for Writ of Habeas Corpus and 18 Deny Motion to Expedite Decision signed by Magistrate Judge Erin Guy Castillo on 07/21/2026. Referred to Judge Sherriff; Objections to F&R due within Fourteen-Days. (Deputy Clerk EF) (Entered: 07/21/2026)
Jul 21, 2026
Service by Mail
Jul 21, 2026
SERVICE BY MAIL: 21 Findings and Recommendations (Motion), served on Adrian Alvarez Sosa. (Deputy Clerk EF)
#22
Jul 23, 2026
OBJECTIONS to Magistrate 21 by Petitioner Adrian Alvarez Sosa. (Deputy Clerk LJB) (Entered: 07/23/2026)
Main Document:
Objections to Findings and Recommendations
Parties
(HC) Alvarez Sosa
Party
Warden, California City Correctional Center
Party