Eastern District of California • 1:26-cv-02800

(HC)Lopez Pina v. Warden, California City Detention Center

Active

Case Information

Filed: April 13, 2026
Assigned to: Kirk E. Sherriff
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 23, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 13, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Gabriel Lopez Pina. (Deputy Clerk LMS) (Entered: 04/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
MOTION for APPOINTMENT of COUNSEL by Gabriel Lopez Pina. (Deputy Clerk LMS) (Entered: 04/13/2026)
Main Document: Appoint Counsel
#3
Apr 13, 2026
EX PARTE MOTION for TEMPORARY RESTRAINING ORDER by Gabriel Lopez Pina. (Deputy Clerk LMS) (Entered: 04/13/2026)
Main Document: Temporary Restraining Order
#4
Apr 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk LMS) (Entered: 04/13/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 13, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/13/2026: (Text Only Entry). The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. Respondents shall file any opposition to the 3 motion for temporary restraining order by April 20, 2026. The response shall include all referenced/relevant portions of petitioner's A-File, in addition to all of the following documents if they were provided to petitioner: (1) Form I-862, Notice to Appear; (2) any bond order by an immigration judge; (3) Form I-220A, Order of Release on Recognizance; (4) Form I-286, Notice of Custody Determination; and (5) any document authorizing parole. Petitioner may file a reply by April 24, 2026. The parties shall indicate in their briefing their position as to whether the 3 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 3 motion. 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"). (gm) (Entered: 04/13/2026)
Apr 13, 2026
Minute Order
Apr 13, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Gabriel Lopez Pina. (Deputy Clerk LMS)
Apr 13, 2026
Service by Mail
#6
Apr 14, 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: 04/14/2026)
Main Document: CONSENT/DECLINE
#7
Apr 14, 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: 04/14/2026)
Main Document: CONSENT/DECLINE
#8
Apr 20, 2026
Dismiss
Main Document: Dismiss
#9
Apr 22, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/22/2026: (Text Only Entry) The 2 motion for temporary restraining order is converted to a motion for preliminary injunction and GRANTED in part. Respondents are ORDERED to provide petitioner with a bond hearing within fourteen (14) days pursuant to 8 U.S.C. § 1226(a) and its implementing regulations, or, in the alternative, to release petitioner. The parties agree that petitioner is detained pursuant to 8 U.S.C. § 1226(a) and that petitioner is entitled to a bond determination hearing. See Doc. 1 at 6-7; Doc. 8 at 4. Although the parties dispute whether petitioner requested a bond determination hearing in his immigration proceedings, the petition indicates that, at least from the date of the filing of the petition, petitioner seeks a bond determination hearing. See Docs. 1, 8. Petitioner's motion is denied to the extent it argues that the government should bear the burden of showing that petitioner is a flight risk or danger. See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1197 (9th Cir. 2022) (under § 1226(a) and its implementing regulations, petitioner bears the burden of demonstrating by a preponderance of the evidence that he is not a danger or flight risk). As it is undisputed that petitioner is entitled to a timely bond hearing under § 1226(a), petitioner must exhaust that administrative remedy. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (gm) (Entered: 04/22/2026)
Apr 22, 2026
Minute Order AND Order on Motion for TRO
Apr 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 23, 2026
Service by Mail