Eastern District of California • 1:26-cv-03051

(HC) De La Cruz Garcia v. Warden, California City Correctional Center

Active

Case Information

Filed: April 22, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 24, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 22, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Maikel De La Cruz Garcia. [$5 filing fee received. Receipt to be docketed on 4/14/2026] (Deputy Clerk VLK) (Entered: 04/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 22, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Maikel De La Cruz Garcia. (Deputy Clerk VLK) (Entered: 04/22/2026)
Main Document: Temporary Restraining Order
#3
Apr 22, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 04/22/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Apr 22, 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: 04/22/2026)
Main Document: CONSENT/DECLINE
#5
Apr 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 4/22/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO") requesting the Court restrain Respondents from transferring Petitioner outside this district pending a ruling on his habeas petition. (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Additionally, the Court routinely issues such orders. Accordingly, Petitioner's Motion for TRO is GRANTED. Pending the outcome of the habeas petition, unless the Court orders otherwise, Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by April 24, 2026. Any response must include Petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the habeas petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Petitioner may file a reply by April 28, 2026. The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court shall serve a copy of this Order together with a copy of the Petition for Writ of Habeas Corpus on the U.S. Attorney's Office. SO ORDERED. (Text Only Entry) (Deputy Clerk JRW) (Entered: 04/22/2026)
Apr 22, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Maikel De La Cruz Garcia. (Deputy Clerk VLK)
Apr 22, 2026
SERVICE BY MAIL: 5 Minute Order served on Maikel De La Cruz Garcia. (Deputy Clerk JRW)
Apr 22, 2026
Service by Mail
Apr 22, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Apr 24, 2026
RESPONSE to 5 ORDER to SHOW CAUSE by Warden, California City Correctional Center. Attorney Bocchini, Walter added. (Attachments: # 1 2024 Form I-213, # 2 NTA, # 3 Rap Sheet, # 4 2026 Form I-213, # 5 Arrest Affidavit)(Bocchini, Walter) (Entered: 04/24/2026)
Main Document: RESPONSE
#8
Apr 24, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#9
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Walter Bocchini, GOVT for Warden, California City Correctional Center. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) (Entered: 04/24/2026)
Main Document: DESIGNATION

Parties

(HC) De La Cruz Garcia
Party
Warden, California City Correctional Center
Party