Eastern District of California • 1:26-cv-02662

#1

Apr 09, 2026

PETITION for WRIT of HABEAS CORPUS against All Respondents by Josue Abraham Che Ochoa. (Deputy Clerk OML) (Entered: 04/09/2026)

#2

Apr 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Josue Abraham Che Ochoa. (Deputy Clerk OML) (Entered: 04/09/2026)

#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)

#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)

#5

Apr 09, 2026

MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 221-489-244) asserts that he has been detained since January 29, 2026 (Doc. 2 at 2), more than 3 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on April 9, 2026. (Deputy Clerk IM) (Entered: 04/09/2026)

#6

Apr 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Merrick Garland,Jonathan Yu, GOVT for Todd M. Lyons,Jonathan Yu, GOVT for Kristi Noem,Jonathan Yu, GOVT for Warden, attorney Walter Bocchini, GOVT terminated (Yu, Jonathan) (Entered: 04/09/2026)

#7

Apr 09, 2026

MOTION MOTION TO DISSOLVE NO REMOVAL, NO TRANSFER ORDER, ECF NO. 5 re 5 Order on Motion for TRO,,,,,, by Merrick Garland, Todd M. Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 04/09/2026)

Apr 09, 2026

RECEIPT number 200018326 for $5.00 from Josue A. Che Ochoa. (Deputy Clerk AJB)

Apr 09, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Josue Abraham Che Ochoa. (Deputy Clerk OML)

Apr 09, 2026

SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Josue Abraham Che Ochoa. (Deputy Clerk IM)

Apr 09, 2026

Order on Motion for TRO

Apr 09, 2026

Service by Mail

#8

Apr 13, 2026

MINUTE ORDER (Text Only Entry). Currently pending in this matter is Petitioner's petition for habeas corpus (Doc. 1 ) filed on April 9, 2026. That same day, Respondents informed the Court that Petitioner had been granted voluntary departure, with an administrative expiration date of April 17, 2026. (Doc. 7 .) Among other things, if Petitioner does not voluntarily depart by that deadline, the voluntary departure order will automatically convert to an administratively final order of removal on April 17, 2026. As Respondents point out, this Court's order barring Respondents from moving or removing Petitioner precludes Respondents from positioning Petitioner for voluntary removal. The Court stands ready to lift its no transfer/removal order should Petitioner wish to withdraw his habeas petition. Thus, if Petitioner wishes to proceed with voluntary departure, he shall respond to this order immediately indicating as much, and the Court will thereafter lift the no transfer/removal order. Otherwise, the Court will proceed to rule on the merits of Petitioner's habeas petition. The Clerk of Court is directed to serve a copy of this Minute Order on Petitioner. Given the timeline discussed above, Counsel for Respondent is directed to take all available steps to expedite delivery of this order to Petitioner and SHALL within one day of the date of this order file a declaration indicating that the order has been delivered signed by District Judge Jennifer L. Thurston on April 13, 2026. (Deputy Clerk IM) (Entered: 04/13/2026)

Apr 13, 2026

Service by Mail

Apr 13, 2026

SERVICE BY MAIL: 8 Minute Order served on Josue Abraham Che Ochoa. (Deputy Clerk IM)

Apr 13, 2026

Minute Order

#9

Apr 16, 2026

Notice of Filing / Lodging Document

#10

Apr 16, 2026

RESPONSE to 8 Minute Order by Josue Abraham Che Ochoa. (Deputy Clerk EF) (Entered: 04/16/2026)

#11

Apr 17, 2026

MINUTE ORDER (Text Only Entry) The Court has received notice that Petitioner wishes to proceed with his habeas petition and has timely appealed his voluntary departure order to the BIA. (Doc. 10 at 1.) Therefore, Petitioner's order of removal is not administratively final. See 8 U.S.C. § 1231(a)(1)(B)(i). Accordingly, Petitioner's habeas case remains open, and the matter remains under submission before the assigned magistrate judge signed by District Judge Jennifer L. Thurston on April 17, 2026. (Deputy Clerk IM) (Entered: 04/17/2026)

Apr 17, 2026

Service by Mail

Apr 17, 2026

SERVICE BY MAIL: 11 Minute Order served on Josue Abraham Che Ochoa. (Deputy Clerk IM)

Apr 17, 2026

Minute Order

#12

Apr 30, 2026

Answer to Petition for Writ of Habeas Corpus

#13

May 04, 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: 05/04/2026)

May 04, 2026

SERVICE BY MAIL: 13 Order Reassigning Judge, served on Josue Abraham Che Ochoa. (Deputy Clerk MR)

May 04, 2026

Service by Mail