Eastern District of California • 1:26-cv-02961

(HC) Crispin Flores v. Warden

Completed

Case Information

Filed: April 20, 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: May 07, 2026
Last Activity: May 19, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 20, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Zenon Aderson Crispin Flores. (Deputy Clerk OML) (Entered: 04/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Zenon Aderson Crispin Flores. (Deputy Clerk OML) (Entered: 04/20/2026)
Main Document: Temporary Restraining Order
#3
Apr 20, 2026
MOTION for APPOINTMENT of COUNSEL by Zenon Aderson Crispin Flores. (Deputy Clerk OML) (Entered: 04/20/2026)
Main Document: Appoint Counsel
#4
Apr 20, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk OML) (Entered: 04/20/2026)
Main Document: VISITING
#5
Apr 20, 2026
EO: The court GRANTS Petitioner's Motion for Appointment of Counsel, ECF No. 3 . Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a further brief in support of Petitioner's Motion for Temporary Restraining Order. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. After counsel is appointed, the court will set a schedule for briefing on the Petition for Writ of Habeas Corpus. And given the court's ongoing consideration of Petitioner's Petition, 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."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/20/2026)
Apr 20, 2026
Service by Mail
Apr 20, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 5 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on April 20, 2026. (Deputy Clerk AB)
Apr 20, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Zenon Aderson Crispin Flores at the address of record on April 20, 2026. (Deputy Clerk AB)
Apr 20, 2026
SERVICE BY MAIL: 4 Civil New Case Documents for Visiting Judge served on Zenon Aderson Crispin Flores. (Deputy Clerk OML)
Apr 20, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set Motion and F&R Deadlines/Hearings
#6
Apr 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden (Hemesath, Audrey) (Entered: 04/21/2026)
Main Document: DESIGNATION
#7
Apr 21, 2026
AMENDED EO re Dkt. No. 5 : The court GRANTS Petitioner's Motion for Appointment of Counsel, ECF No. 3 . Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a further brief in support of Petitioner's Motion for Temporary Restraining Order. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. After counsel is appointed, the court will set a schedule for briefing on the Petition for Writ of Habeas Corpus. And given the court's ongoing consideration of Petitioner's Petition, 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."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/21/2026)
#8
Apr 21, 2026
CLERK'S NOTICE of DOCKET CORRECTION: DISREGARD Entering Order at Dkt. No. 5 ; see AMENDED Entering Order at Dkt. No. 7 . (Deputy Clerk AB) Modified on 4/21/2026 (AB). (Entered: 04/21/2026)
Apr 21, 2026
SERVICE BY MAIL: A copy of Dkt. No. 7 Amended Entering Order and Dkt. No. 8 Clerk's Notice of Docket Correction, was served on Zenon Aderson Crispin Flores at the address of record on April 21, 2026. (Deputy Clerk AB)
Apr 21, 2026
Service by Mail
Apr 21, 2026
Minute Order
Apr 21, 2026
SERVICE BY EMAIL: A PDF copy of A copy of Dkt. No. 7 Amended Entering Order and Dkt. No. 8 Clerk's Notice of Docket Correction, was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on April 21, 2026. (Deputy Clerk AB)
#9
Apr 22, 2026
OPPOSITION by Respondent Warden. (Attachments: # 1 Exhibit I-213, # 2 Exhibit rap sheet)(Hemesath, Audrey) (Entered: 04/22/2026)
Main Document: OPPOSITION
#10
Apr 27, 2026
EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 7 Entering Order. Attorney Kevin Milne is hereby APPOINTED as CJA counsel for Petitioner Zenon Aderson Crispin Flores. The Clerk of Court shall update the docket to reflect said attorney at 856 Moultrie Street San Francisco, CA 94110, 301-922-4899, kevin.milne@milnelegal.org respectively, as counsel for Petitioner in this matter, nunc pro tunc to 4/27/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/27/2026)
#11
Apr 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
Apr 27, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#12
May 05, 2026
MEMORANDUM by Zenon Aderson Crispin Flores in SUPPORT OF TRO. (Milne, Kevin) (Entered: 05/05/2026)
Main Document: MEMORANDUM
#13
May 06, 2026
EO: The court has received and reviewed the petition for a writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1, the motion for temporary restraining order, Dkt. No. 2, the opposition to petition for writ of habeas corpus, Dkt. No. 9, and the supplemental brief in support of Petitioner's motion for temporary restraining order, Dkt. No. 12 . The issues raised in Ground One the Petition appear to mirror those previously addressed by this court and others in many prior cases, particularly whether Petitioner's due process rights have been violated. See, e.g.,Vikrant S. v. Warden of the Golden State Annex Det. Facility, No. 1:26-cv-02780-MWJS, 2026 WL 1235115 (E.D. Cal. May 5, 2026); John M.Z. v. Noem, No. 1:26-cv-02925-MWJS, 2026 WL 1125790 (E.D. Cal. Apr. 23, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the petition. See 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."). On or before May 8, 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 prior orders such as the ones listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before May 11, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/06/2026)
#14
May 06, 2026
SUPPLEMENT by Warden. (Hemesath, Audrey) (Entered: 05/06/2026)
Main Document: SUPPLEMENT
May 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
May 07, 2026
Order
Main Document: Order
#16
May 07, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
#17
May 12, 2026
Notice of Compliance
Main Document: Notice of Compliance
May 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Parties

(HC) Crispin Flores
Party
Warden
Party