Eastern District of California • 1:26-cv-02869

(HC) Patel v. Warden, California City Correctional Center

Completed

Case Information

Filed: April 16, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: April 28, 2026
Last Activity: April 28, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 16, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Rakeshkumar Hasmukhbhai Patel. [Fee Received on 4/16/26, Receipted on 4/17/26] (Deputy Clerk JJD) (Entered: 04/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 16, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Rakeshkumar Hasmukhbhai Patel. (Deputy Clerk JJD) (Entered: 04/16/2026)
Main Document: Temporary Restraining Order
#3
Apr 16, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk JJD) (Entered: 04/16/2026)
Main Document: VISITING
#4
Apr 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, California City Correctional Center (Hemesath, Audrey) (Entered: 04/16/2026)
Main Document: DESIGNATION
#5
Apr 16, 2026
EO: 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 therein appear to mirror those previously addressed by several other district judges, in this court and others, particularly whether Petitioner's due process rights have been violated. See, e.g., Garcia Mariagua v. Chestnut, No. 1:25-cv-01744, 2025 WL 3551700 (E.D. Cal. Dec. 11, 2025); Ortega v. Noem, No. 1:25-cv-01663, 2025 WL 3511914 (E.D. Cal. Dec. 8, 2025). On or before April 21, 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 decisions cited above and justify denying the Motion, or if the matter is not substantively distinguishable from those decisions. Respondents shall also state their position as to whether the Motion should be converted into a motion for preliminary injunction and whether they request a hearing on the Motion. Pending the court's decision, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). The Clerk's Office is DIRECTED to send a copy of the petition, ECF No. 1, the motion ECF No. 2, and this order as well as provide the Petitioner's full name and A number to the U.S. Attorney's Office by the end of the day on April 16, 2026, at their email usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/16/2026)
Apr 16, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Rakeshkumar Hasmukhbhai Patel at the address of record on April 16, 2026. (Deputy Clerk AB)
Apr 16, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus, Dkt. No. 2 Petitioner's Ex Parte Application for Temporary Restraining Order, and Dkt. No. 5 Entering Order was served by email on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov on April 16, 2026. (Deputy Clerk AB)
Apr 16, 2026
SERVICE BY MAIL: 3 Civil New Case Documents for Visiting Judge served on Rakeshkumar Hasmukhbhai Patel. (Deputy Clerk JJD)
Apr 16, 2026
Service by Mail
Apr 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Apr 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City Correctional Center, attorney Audrey Benison Hemesath, GOVT terminated (Yu, Jonathan) (Entered: 04/21/2026)
Main Document: DESIGNATION
#7
Apr 21, 2026
RESPONSE by Warden, California City Correctional Center to 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,, 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 04/21/2026)
Main Document: RESPONSE
#8
Apr 21, 2026
EO: The court has reviewed the government's Opposition and Answer to Petitioner's ECF No. 2 Motion for Temporary Restraining Order and ECF No. 1 Petition for Writ of Habeas Corpus. Given the record as developed by the government's response, the court concludes that Petitioner cannot show a likelihood of success on the merits of his petition, or a serious question going to the merits. And because he has not done so, the court cannot grant the requested interim relief. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir. 2011). The court therefore DENIES Petitioner's 2 Motion for Temporary Restraining Order. The government has filed a combined submission to Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order, so Petitioner is ORDERED to file a reply to the government's arguments in opposition to his petition. Petitioner shall file any reply in support of his 1 Petition for Writ of Habeas Corpus by April 29, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/21/2026)
Apr 21, 2026
SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Rakeshkumar Hasmukhbhai Patel at the address of record on April 21, 2026. (Deputy Clerk AB)
Apr 21, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 21, 2026
Service by Mail
#9
Apr 24, 2026
REPLY by Rakeshkumar Hasmukhbhai Patel to 7 Response to Petition for Writ of Habeas Corpus. (Deputy Clerk KEZ) (Entered: 04/27/2026)
Main Document: REPLY
#10
Apr 28, 2026
Order
Main Document: Order
#11
Apr 28, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
Apr 28, 2026
SERVICE BY MAIL: A copy of Dkt. No. 10 Order, and Dkt. No. 11 Judgment, was served on Rakeshkumar Hasmukhbhai Patel at the address of record on April 28, 2026. (Deputy Clerk AB)
Apr 28, 2026
Service by Mail

Parties

(HC) Patel
Party
Warden, California City Correctional Center
Party