Eastern District of California • 1:26-cv-02659

(HC) Ovando Garcia v. Warden

Active

Case Information

Filed: April 09, 2026
Assigned to: Daniel J. Calabretta
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 15, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 09, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Fredy Ovando Garcia. (Deputy Clerk OML) (Entered: 04/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 09, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Fredy Ovando Garcia. (Deputy Clerk OML) (Entered: 04/09/2026)
Main Document: Temporary Restraining Order
#3
Apr 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/09/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Apr 09, 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: 04/09/2026)
Main Document: CONSENT/DECLINE
#5
Apr 09, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/9/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Counts 1 and 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. 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-03118-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 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and the motion on the United States Attorney. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/09/2026)
Apr 09, 2026
SERVICE BY MAIL: 5 Minute Order served on Fredy Ovando Garcia. (Deputy Clerk GJM)
Apr 09, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Fredy Ovando Garcia. (Deputy Clerk OML)
Apr 09, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 09, 2026
Service by Mail
#6
Apr 14, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#7
Apr 14, 2026
Dismiss
Main Document: Dismiss
#8
Apr 15, 2026
Order AND Order on Motion for TRO AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#9
Apr 15, 2026
Judgment
Main Document: Judgment
Apr 15, 2026
Service by Mail

Parties

(HC) Ovando Garcia
Party
Warden
Party