Eastern District of California • 1:26-cv-03016
(HC) Banegas Auqui v. Warden
Active
Case Information
Filed: April 21, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Wilson Freddy Banegas Auqui. [$5 Filing Fee Received. Receipt to be docketed 4/22] (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Wilson Freddy Banegas Auqui. (Deputy Clerk JAW) (Entered: 04/21/2026)
Main Document:
Temporary Restraining Order
#3
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 JAW) (Entered: 04/21/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
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
Apr 21, 2026
Service by Mail
Apr 21, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Wilson Freddy Banegas Auqui. (Deputy Clerk JAW)
#5
Apr 22, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 245-626-247) asserts that he has been detained since December 8, 2025 (Doc. 2 at 2), more than 4 months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b). The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on April 22, 2026. (Deputy Clerk IM) (Entered: 04/22/2026)
Apr 22, 2026
Order on Motion for TRO
Apr 22, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Wilson Freddy Banegas Auqui. (Deputy Clerk IM)
Apr 22, 2026
RECEIPT number 200018569 for $5.00 for filing fee from Wilson F. Banegas Auqui. (Deputy Clerk VLK)
Apr 22, 2026
Service by Mail
May 04, 2026
Service by Mail
Parties
(HC) Banegas Auqui
Party
Warden
Party