Eastern District of California • 1:26-cv-02588
(HC) Garcia-Vasquez v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: April 06, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 06, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting Director United States Immigration and Customs Enforcement, Current of Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting United States and United States Attorney General by Kevin Gabriel Garcia-Vasquez. (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Kevin Gabriel Garcia-Vasquez. (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
In Forma Pauperis
#3
Apr 06, 2026
MOTION to APPOINT COUNSEL by Kevin Gabriel Garcia-Vasquez. (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
Appoint Counsel
#4
Apr 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Kevin Gabriel Garcia-Vasquez. (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
Temporary Restraining Order
#5
Apr 07, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/11/2026. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#6
Apr 07, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Kevin Gabriel Garcia-Vasquez signed by Magistrate Judge Stanley A. Boone on 04/07/2026. (Deputy Clerk EF) (Entered: 04/07/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#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 4 motion for temporary restraining order. The Court has previously addressed the due process issue raised in the petition. See e.g., Sergio S.M. v. Noem,No. 1:25-CV-01973-KES-HBK (HC), 2025 WL 3768206 (E.D. Cal. Dec. 31, 2025); R.D.T.M. v. Wofford, No. 1:25-CV-01141-KES-SKO (HC), 2025 WL 2686866 (E.D. Cal. Sept. 18, 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 4 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 Sergio S.M. v. Noem, and R.D.T.M. v. Wofford 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"). The Clerk of Court is directed to serve a copy of this Order, the petition, and the motion for temporary restraining order on the U.S. Attorney's Office for the Eastern District of California, with a copy to usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk VMG) (Entered: 04/07/2026)
#8
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
Apr 07, 2026
Minute Order
Apr 07, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents, 6 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Kevin Gabriel Garcia-Vasquez. (Deputy Clerk EF)
Apr 07, 2026
SERVICE BY MAIL: 7 Minute Order, served on Kevin Gabriel Garcia-Vasquez. (Deputy Clerk VMG)
Apr 07, 2026
Service by Mail
#9
Apr 09, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
#10
Apr 09, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#11
Apr 16, 2026
Order Dismissing Case AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
Main Document:
Order Dismissing Case AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
#12
Apr 16, 2026
Judgment
Main Document:
Judgment
Apr 16, 2026
Service by Mail
Parties
(HC) Garcia-Vasquez
Party
Warden of the Golden State Annex Detention Facility
Party