Eastern District of California • 1:26-cv-03130
(HC)De La Torre-Palafox v. Mullin
Completed
Case Information
Filed: April 24, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 01, 2026
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 24, 2026
2241 PETITION for WRIT of HABEAS CORPUS against all respondents by Jose De La Torre-Palafox. (Deputy Clerk LMS) (Entered: 04/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose De La Torre-Palafox. (Deputy Clerk LMS) (Entered: 04/24/2026)
Main Document:
In Forma Pauperis
#3
Apr 24, 2026
VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk LMS) (Entered: 04/24/2026)
Main Document:
VISITING
#4
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Tonya Andrews,Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for Poly Kaiser,Audrey Benison Hemesath, GOVT for Todd Lyons,Audrey Benison Hemesath, GOVT for Markwayne Mullin (Hemesath, Audrey) (Entered: 04/24/2026)
Main Document:
DESIGNATION
#5
Apr 24, 2026
EO: For good cause shown, the Petitioner's Motion to Proceed In Forma Pauperis, Dkt. 2, is GRANTED. The court has reviewed the Petition for Writ of Habeas Corpus, Dkt. 1 . The issues raised in Count I of the Petition appear to mirror those previously addressed by other district judges in many prior cases. See, e.g., 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). 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 28, 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 30, 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. 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"). The Clerk of Court is DIRECTED to SERVE a copy of this order along with a copy of the Petition, Dkt. 1, 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: 04/24/2026)
#6
Apr 24, 2026
OPPOSITION by Respondents Tonya Andrews, Todd Blanche, Poly Kaiser, Todd Lyons, Markwayne Mullin to 5 Minute Order,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,, Order on Motion to Proceed in forma pauperis,,,,,,,,. (Hemesath, Audrey) (Entered: 04/24/2026)
Main Document:
OPPOSITION
Apr 24, 2026
Service by Mail
Apr 24, 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 24, 2026.(Deputy Clerk AB)
Apr 24, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Jose De La Torre-Palafox at the address of record on April 24, 2026. (Deputy Clerk AB)
Apr 24, 2026
SERVICE BY MAIL: 3 Civil New Case Documents for Visiting Judge served on Jose De La Torre-Palafox. (Deputy Clerk LMS)
Apr 24, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Apr 28, 2026
OPPOSITION by Respondents Tonya Andrews, Todd Blanche, Poly Kaiser, Todd Lyons, Markwayne Mullin. (Hemesath, Audrey) (Entered: 04/28/2026)
Main Document:
OPPOSITION
#9
May 01, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document:
Judgment AND ~Util - Terminate Civil Case
May 01, 2026
SERVICE BY MAIL: Dkt. No. 8 Order, and Dkt. No. 9 Judgment, served on Jose De La Torre-Palafox on May 1, 2026. (Deputy Clerk AB)
May 01, 2026
Service by Mail
#10
May 04, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC)De La Torre-Palafox
Party
Mullin
Party