Eastern District of California • 1:26-cv-03139

(HC) Alvarenga Rubi v. Warden of the Golden State Annex Detention Facility

Active

Case Information

Filed: April 24, 2026
Assigned to: Kirk E. Sherriff
Referred to: Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 28, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 24, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director United States Immigration and Customs Enforcement, Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Franklyn Josue Alvarenga Rubi. (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Franklyn Josue Alvarenga Rubi. (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: In Forma Pauperis
#3
Apr 24, 2026
MOTION to APPOINT COUNSEL by Franklyn Josue Alvarenga Rubi. (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: Appoint Counsel
#4
Apr 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Franklyn Josue Alvarenga Rubi. (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: Temporary Restraining Order
#5
Apr 27, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Franklyn Josue Alvarenga Rubi signed by Magistrate Judge Stanley A. Boone on 4/27/2026. (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Apr 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 6/1/2026. (Attachments: # 1 Consent Form) (Deputy Clerk MR) (Entered: 04/27/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#7
Apr 27, 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: 04/27/2026)
Main Document: CONSENT/DECLINE
#8
Apr 27, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/27/2026: (Text Only Entry) The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. Petitioner appears to raise legal issues previously addressed by the Court. 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 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 29, 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 CLA) (Entered: 04/27/2026)
#9
Apr 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Walter Bocchini, GOVT for Current or Acting Director United States Immigration and Customs Enforcement,Walter Bocchini, GOVT for Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Walter Bocchini, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Walter Bocchini, GOVT for Current or Acting United States Attorney General,Walter Bocchini, GOVT for Warden of the Golden State Annex Detention Facility, attorney Jonathan Yu, GOVT terminated (Bocchini, Walter) (Entered: 04/27/2026)
Main Document: DESIGNATION
Apr 27, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 27, 2026
SERVICE BY MAIL: 8 Minute Order, served on Franklyn Josue Alvarenga Rubi. (Deputy Clerk CLA)
Apr 27, 2026
SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 6 Prisoner New Case Documents served on Franklyn Josue Alvarenga Rubi. (Deputy Clerk MR)
Apr 27, 2026
Service by Mail
#10
Apr 28, 2026
RESPONSE to 8 ORDER to SHOW CAUSE by Current or Acting Director United States Immigration and Customs Enforcement, Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility. (Attachments: # 1 Form I-213, # 2 Rap Sheet, # 3 NTA)(Bocchini, Walter) (Entered: 04/28/2026)
Main Document: RESPONSE
#11
Apr 28, 2026
CERTIFICATE / PROOF of SERVICE by Current or Acting Director United States Immigration and Customs Enforcement, Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility re 10 Response to Order to Show Cause,. (Bocchini, Walter) (Entered: 04/28/2026)
Main Document: Certificate / Proof of Service

Parties

(HC) Alvarenga Rubi
Party
Warden of the Golden State Annex Detention Facility
Party