Eastern District of California • 1:26-cv-03072
(HC) Herrarte Valenzuela v. Warden, California City Correctional Center
Active
Case Information
Filed: April 22, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
April 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 17, 2026
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-42028287 for $5 filing fee, filed by Petitioner VALENZUELA A Elmer. (Attorney John C Burt added to party VALENZUELA A Elmer(pty:bkmov))(Burt, John) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
PETITION
#2
Apr 17, 2026
CIVIL COVER SHEET filed by Movant VALENZUELA A Elmer. (Burt, John) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
CIVIL
#3
Apr 17, 2026
NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to transfer filed by Petitioner VALENZUELA A Elmer. (Burt, John) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
NOTICE
#4
Apr 17, 2026
The Petitioner acknowledges the availability of a Magistrate Judge but declines to consent to have a Magistrate Judge conduct all further proceedings in this case, including trial and entry of judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ghap) TEXT ONLY ENTRY [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
#5
Apr 17, 2026
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Brianna Fuller Mircheff, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
NOTICE
#6
Apr 17, 2026
Notice of General Order 26-05 and Briefing Schedule. (ghap) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
Notice
#7
Apr 17, 2026
SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Brianna Fuller Mircheff. The Petition in this case indicates that venue is proper in the Eastern District of California because Petitioner is detained in the California City Correctional Center (Pet. at 3); it was filed, however, in the Central District of California. It is unclear if Petitioner meant to file this Petition in another District, or if Petitioner's counsel has, perhaps, stated allegations that mixes the facts of one petitioner with another. Petitioner is therefore ordered to show cause in writing why the Petition should not be transferred and/or dismissed. Petitioner's response to the OSC should be filed NO LATER THAN APRIL 21, 2026. The GO 26-05 scheduling order is STAYED until further order of this Court, except that Respondents shall promptly enter a notice of appearance.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
#8
Apr 17, 2026
NOTICE OF MOTION AND MOTION for Order to Show Cause re: Venue filed by Petitioner Elmer Alexander Herrarte Valenzuela. (Burt, John) [Transferred from cacd on 4/22/2026.] (Entered: 04/17/2026)
Main Document:
NOTICE
#9
Apr 20, 2026
ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge Brianna Fuller Mircheff. The Court orders this case transferred to the Eastern District of California pursuant to 28 U.S.C. § 1631. Once the case is transferred, the clerk's office shall close the case in this District. [SEE ORDER FOR FURTHER DETAILS.] Case electronically transferred. (MD JS-6. Case Terminated.) (san) [Transferred from cacd on 4/22/2026.] (Entered: 04/21/2026)
Main Document:
ORDER
#10
Apr 22, 2026
CASE TRANSFERRED IN from District of California Central; Case Number 5:26-cv-01913. (Entered: 04/22/2026)
Main Document:
Case Transferred In - District Transfer
#11
Apr 22, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Consent Form) (Deputy Clerk EF) (Entered: 04/22/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#12
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
#13
Apr 22, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/22/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The 1 petition appears to challenge petitioner's re-detention and raise legal issues that this Court has previously addressed. See e.g., Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). 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 distinguish it from the Court's prior orders in Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, 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"). (Deputy Clerk VMG) (Entered: 04/22/2026)
Apr 22, 2026
Minute Order
Parties
(HC) Herrarte Valenzuela
Party
Warden, California City Correctional Center
Party