Eastern District of California • 1:26-cv-02979

(HC) Xavier v. Warden of the California City Detention Center

Active

Case Information

Filed: April 20, 2026
Assigned to: Kirk E. Sherriff
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: April 27, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 20, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Center by Quizhpi Aucapina Xavier. (Deputy Clerk AML) (Entered: 04/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 20, 2026
MOTION to APPOINT COUNSEL by Quizhpi Aucapina Xavier. (Deputy Clerk AML) (Entered: 04/23/2026)
Main Document: Appoint Counsel
#3
Apr 20, 2026
EX PARTE MOTION for TEMPORARY RESTRAINING ORDER by Quizhpi Aucapina Xavier. (Deputy Clerk AML) (Entered: 04/23/2026)
Main Document: Temporary Restraining Order
Apr 20, 2026
RECEIPT number 100007960 for $5.00 fbo Quizhpi Aucapina Xavier from Cal City Immigration Processing. (Deputy Clerk AML)
#4
Apr 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due within 30 days. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 04/23/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 23, 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: 04/23/2026)
Main Document: CONSENT/DECLINE
#6
Apr 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/23/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court has previously addressed the legal issues raised by ground one of the 1 petition. 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 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 27, 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: 04/23/2026)
Apr 23, 2026
Minute Order
Apr 23, 2026
SERVICE BY MAIL: 6 Minute Order, served on Quizhpi Aucapina Xavier. (Deputy Clerk VMG)
Apr 23, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Quizhpi Aucapina Xavier. (Deputy Clerk AML)
Apr 23, 2026
Service by Mail
#8
Apr 27, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#9
Apr 27, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service

Parties

(HC) Xavier
Party
Warden of the California City Detention Center
Party