Eastern District of California • 1:26-cv-02914
(HC) Gonzalez Almanza v. Charles
Completed
Case Information
Filed: April 17, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 13, 2026
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 17, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Miguel Gonzalez Almanza. (Attachments: # 1 Declaration) (Deputy Clerk OML) (Entered: 04/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Miguel Gonzalez Almanza. (Deputy Clerk OML) (Entered: 04/21/2026)
Main Document:
Temporary Restraining Order
#3
Apr 17, 2026
MOTION for APPOINTMENT of COUNSEL by Miguel Gonzalez Almanza. (Deputy Clerk OML) (Entered: 04/21/2026)
Main Document:
Appoint Counsel
Apr 17, 2026
RECEIPT number 100007946 for $5.00 from Miguel Gonzalez Almanza. (Deputy Clerk OML)
#4
Apr 21, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/21/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 21, 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: 04/21/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 21, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/21/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondent shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging 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 exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondent with a copy of the petition, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondent shall promptly enter Notices of Appearance. Respondent shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Wednesday, 4/21/2026. In that opposition, respondent shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025) and O.A.C.S. v. Wofford, No. 1:25-cv-01652-DAD-CSK (HC), 2025 WL 3485221 (E.D. Cal. Dec. 4, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondent is DIRECTED to indicate in its opposition whether it opposes converting the motion for temporary restraining order into a motion for preliminary injunction and whether it opposes the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (cc: California City) (Deputy Clerk MCF) (Entered: 04/21/2026)
#8
Apr 21, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/21/2026: Due to a clerical error, the court set the opposition deadline for respondent for 4/21/2026. Respondent is DIRECTED to file its opposition no later than Wednesday, 4/22/2026 by 5 p.m. (Deputy Clerk MCF) (Entered: 04/21/2026)
Apr 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 21, 2026
Service by Mail
Apr 21, 2026
SERVICE BY MAIL: 8 Minute Order served on Miguel Gonzalez Almanza. (Deputy Clerk MCF)
Apr 21, 2026
SERVICE BY MAIL: 6 Minute Order served on Miguel Gonzalez Almanza. (Deputy Clerk MCF)
Apr 21, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Miguel Gonzalez Almanza. (Deputy Clerk OML)
#9
Apr 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Marcos Charles. Attorney Audrey Benison Hemesath, GOVT terminated. (Yu, Jonathan) (Entered: 04/22/2026)
Main Document:
DESIGNATION
#10
Apr 22, 2026
RESPONSE to 6 Minute Order, OPPOSITION to Injunctive Relief and ANSWER to 1 Petition for Writ of Habeas Corpus by Marcos Charles. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) Modified on 4/28/2026 (HAH). (Entered: 04/22/2026)
Main Document:
RESPONSE
#11
Apr 23, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/23/2026: On 4/17/2026, petitioner proceeding pro se filed a motion for temporary restraining order. (Doc. No. 2 .) On 4/22/2026, respondent filed his opposition to that motion. (Doc. No. 10 .) In that opposition, respondent argues that petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c)(1)(A) and that petitioner has not exhausted his administrative remedies. (Id. at 4-5.) In this latter regard, respondent argues that petitioner should first challenge his detention through a "Joseph hearing," a procedure established in Matter of Joseph, 22 I. & N. Dec. 799 (BIA 1999). (Id.) The court adopts its analysis in Buckley v. Chestnut, No. 1:26-cv-02624-DAD-JDP, 2026 WL 1030931 (E.D. Cal. Apr. 16, 2026), where it found that the petitioner had not exhausted his administrative remedies as to his challenge to his detention pursuant to § 1226(c) where he had not yet received a Joseph hearing. Accordingly, the court concludes that petitioner has not exhausted his administrative remedies nor shown why the exhaustion requirement should be waived in this case. The court therefore DENIES petitioner's motion for temporary restraining order (Doc. No. 2 ) due to petitioner's failure to exhaust. This matter is REFERRED to the assigned magistrate judge for further proceedings. (Deputy Clerk MCF) (Entered: 04/23/2026)
Apr 23, 2026
SERVICE BY MAIL: 11 Minute Order served on Miguel Gonzalez Almanza. (Deputy Clerk MCF)
Apr 23, 2026
Minute Order AND Order on Motion for TRO
Apr 23, 2026
Service by Mail
#12
Apr 24, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 04/24/2026 DIRECTING the Clerk to substitute Christopher Chestnut, Warden of the California City Detention Center, for Marco Charles as Respondent and DIRECTING Petitioner to SHOW CAUSE why this action should not be dismissed based on Petitioner's failure to exhaust his administrative remedies within 14 days from the date of this order. A reply by Respondents to Petitioner's response, if any, is due within 7 days after being served with the response. (Deputy Clerk KS) (Entered: 04/24/2026)
Apr 24, 2026
SERVICE BY MAIL: 12 Order served on Miguel Gonzalez Almanza. (Deputy Clerk KS)
Apr 24, 2026
Service by Mail
#13
May 01, 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. (Deputy Clerk JAW) (Entered: 05/04/2026)
Main Document:
CONSENT/DECLINE
#14
May 19, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 05/19/2026 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 05/19/2026)
May 19, 2026
Service by Mail
May 19, 2026
SERVICE BY MAIL: 14 Findings and Recommendations served on Miguel Gonzalez Almanza. (Deputy Clerk KS)
#15
Jul 13, 2026
ORDER signed by District Judge Dale A. Drozd on 07/10/26 ADOPTING 14 Findings and Recommendations in full and DISMISSING 1 Petition for Writ of Habeas Corpus. Petitioner's 3 Motion to Appoint Counsel is DENIED as having been rendered moot. CASE CLOSED. (Deputy Clerk VLC) (Entered: 07/13/2026)
#16
Jul 13, 2026
JUDGMENT dated *07/13/26* pursuant to order signed by District Judge Dale A. Drozd on 07/10/26. (Deputy Clerk VLC) (Entered: 07/13/2026)
Main Document:
Judgment
Jul 13, 2026
SERVICE BY MAIL: 15 Order Adopting Findings and Recommendations and 16 Judgment served on Miguel Gonzalez Almanza. (Deputy Clerk VLC)
Jul 13, 2026
Service by Mail
#17
Jul 27, 2026
NOTICE of RELATED CASE(S) 1:26-cv-02914-DAD-CSK, 1:26-cv-05759-JLT-EGC by Marcos Charles, Christopher Chestnut. (Yu, Jonathan) (Entered: 07/27/2026)
Main Document:
Notice of Related Case
#18
Aug 10, 2026
RELATED CASE ORDER signed by District Judge Dale A. Drozd on 08/06/26 RELATING cases 1:26-cv-2914-DAD-CSK and 1:26-cv-05759-JLT-EGC. (Deputy Clerk KML) (Entered: 08/10/2026)
Aug 10, 2026
SERVICE BY MAIL: 18 Order served on Miguel Gonzalez Almanza. (Deputy Clerk KML)
Aug 10, 2026
Service by Mail
Parties
Charles
Party
(HC) Gonzalez Almanza
Party