Eastern District of California • 1:26-cv-03015

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

Active

Case Information

Filed: April 21, 2026
Assigned to: Ju Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 27, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Abdoulaye Dem. [$5 filing fee received. Receipt to be docketed on 4/22/2026] (Deputy Clerk VLK) (Entered: 04/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Abdoulaye Dem. (Deputy Clerk VLK) (Entered: 04/21/2026)
Main Document: Temporary Restraining Order
#3
Apr 21, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk VLK) (Entered: 04/21/2026)
Main Document: VISITING
#4
Apr 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, California City Correctional Center (Hemesath, Audrey) (Entered: 04/21/2026)
Main Document: DESIGNATION
#5
Apr 21, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 and Motion for Temporary Restraining Order, ECF No. 2 . Pending the court's decision on the Petition, 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"). Because the Motion, ECF No. 2, seeks only an order barring Respondents from transferring Petitioner--which is effectively the same relief provided by this status quo order--the Motion is DENIED AS MOOT. The issues raised in Count Two of the Petition appear to mirror those previously addressed by other district judges in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; De Leon Sales v. Warden, California City Correctional Center, No. 1:26-cv-02821-MWJS. 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 April 24, 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 April 29, 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. The Clerk of Court is DIRECTED to SERVE a copy of this order along with a copy of the Petition, via email, on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/21/2026)
Apr 21, 2026
Service by Mail
Apr 21, 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 United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov on April 21, 2026. (Deputy Clerk AB)
Apr 21, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Abdoulaye Dem 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 22, 2026
RECEIPT number 200018568 for $5.00 for filing fee from Abdoulaye Dem. (Deputy Clerk VLK)
#7
Apr 23, 2026
Order
Main Document: Order
#8
Apr 23, 2026
Judgment
Main Document: Judgment
Apr 23, 2026
Service by Mail
#9
Apr 27, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

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