Eastern District of California • 1:25-cv-01471
(HC) Garcia Garcia v. Kaiser
Active
Case Information
Filed: October 31, 2025
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:
November 03, 2025
Parties:
View All Parties →
Docket Entries
Oct 31, 2025
RECEIPT Number ACAEDC-12568155: $5.00 Habeas Fee from Fatone, Andrea. (Deputy Clerk OFR)
#1
Nov 03, 2025
PETITION for WRIT of HABEAS CORPUS against All Defendants by Omer Octavio Garcia Garcia. Attachment #1: Civil Cover Sheet. (Fatone, Andrea). Modified on 11/3/2025 (CRM). (Entered: 11/03/2025)
Main Document:
Petition for Writ of Habeas Corpus
#2
Nov 03, 2025
MOTION for TEMPORARY RESTRAINING ORDER by Omer Octavio Garcia Garcia. (Attachments: # 1 Proposed Order TRO Proposed Order)(Fatone, Andrea) (Entered: 11/03/2025)
Main Document:
Temporary Restraining Order
#3
Nov 03, 2025
ORDER RE CONSENT ISSUED. Consent or Decline due by 12/8/2025. (Deputy Clerk CRM) (Entered: 11/03/2025)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Nov 03, 2025
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 11/03/2025: (Text Only Entry). The Court has reviewed petitioner's 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. 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). Respondents shall file a single response to the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order by November 10, 2025. Petitioner may file a reply by November 13, 2025. The parties shall also state in their briefing whether they request a hearing in this matter. (Deputy Clerk VMG) (Entered: 11/03/2025)
Nov 03, 2025
Minute Order
Parties
(HC) Garcia Garcia
Party
Kaiser
Party