Eastern District of California • 1:26-cv-03194

#1

Apr 27, 2026

2241 PETITION for WRIT of HABEAS CORPUS against California City Correctional Center by Marco Antonio Aquino Tecua. (Deputy Clerk MR) (Entered: 04/27/2026)

#2

Apr 27, 2026

MOTION to APPOINT COUNSEL by Marco Antonio Aquino Tecua. (Deputy Clerk MR) (Entered: 04/27/2026)

#3

Apr 27, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Marco Antonio Aquino Tecua signed by Visiting Judge Micah WJ Smith on 4/27/2026. (Deputy Clerk MR) (Entered: 04/27/2026)

#4

Apr 27, 2026

VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk MR) (Entered: 04/27/2026)

#5

Apr 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for California City Correctional Center (Yu, Jonathan) (Entered: 04/27/2026)

Apr 27, 2026

Service by Mail

Apr 27, 2026

SERVICE BY MAIL: 4 Civil New Case Documents for Visiting Judge, 3 Order Authorizing IFP Status served on Marco Antonio Aquino Tecua. (Deputy Clerk MR)

#6

Apr 29, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, Motion to Proceed In Forma Pauperis, ECF No. 2, and Motion to Appoint Counsel, ECF No. 3 . For good cause shown, the Petitioner's Motion to ProceedIn Forma Pauperis, ECF No. 2, is GRANTED.Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Petitioner's Motion to Appoint Counsel, ECF No. 3, is therefore GRANTED. Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, which shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may supplement the Petition for Writ of Habeas Corpus. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. After counsel is appointed, the court will set a schedule for briefing on the 1 Petition for Writ of Habeas Corpus. And given the court's ongoing consideration of Petitioner's Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/29/2026)

Apr 29, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 6 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on April 29, 2026. (Deputy Clerk AB)

Apr 29, 2026

Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 29, 2026

Service by Mail

Apr 29, 2026

SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Marco Antonio Aquino Tecua at the address of record on April 29, 2026. (Deputy Clerk AB)

#7

May 07, 2026

Notice of Appearance

#8

May 12, 2026

EO: The Court has been notified of appointed counsel's contact information pursuant to Dkt. No. 6 Entering Order. Attorney Galina Dorris is hereby APPOINTED as CJA counsel for Petitioner Marco Antonio Aquino Tecua. The Clerk of Court shall update the docket to reflect said attorney at 2315 Capitol Avenue, Sacramento, CA 95816, gdorris@gavrilovlaw.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 5/6/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/12/2026)

May 12, 2026

Minute Order

#9

May 26, 2026

Immigration New Case Documents

#10

May 26, 2026

CLERK'S NOTICE of DOCKET CORRECTION re 9 Immigration New Case Documents: Please Disregard Issued in Error. (Deputy Clerk EF) (Entered: 05/26/2026)

#11

May 27, 2026

EO: The court has received and reviewed Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1 . It does not plainly appear from the petition that Petitioner is not entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, PetitionerMAY FILE a traversewithin seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/27/2026)

May 27, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#12

Jun 03, 2026

Answer to Petition for Writ of Habeas Corpus

#13

Jun 10, 2026

Amend the Complaint/Petition

#14

Jun 12, 2026

EO: Before the court is Petitioner's motion for leave to file first amended petition for writ of habeas corpus. Dkt. No. 13 . The motion is GRANTED. The Clerk's Office is DIRECTED to docket separately the first amended petition for writ of habeas corpus under 28 U.S.C. § 2241. Dkt. No. [13-2]. The first amended petition appears to raise legal issues addressed in this court and others, including whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). See, e.g., Anderson O.H.G. v. Johnson, No. 1:26-cv-03248-MWJS, 2026 WL 1330831 (E.D. Cal. May 12, 2026); Margartio G.A. v. Blanche, No. 1:26-cv-03928-MWJS, 2026 WL 1508364 (E.D. Cal. May 29, 2026); Jose C.L.L. v. Chestnut, No. 1:26-cv-03453-MWJS, 2026 WL 1275305 (E.D. Cal. May 7, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the first amended 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 June 16, 2026, Respondent is ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from prior cases such as the ones listed above and justify denying the first amended petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before June 18, 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. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/12/2026)

#15

Jun 12, 2026

Amended Petition for Writ of Habeas Corpus

Jun 12, 2026

Minute Order AND Order on Motion to Amend the Complaint AND ~Util - 1 Set/Reset Deadlines and Hearings

#16

Jun 15, 2026

RESPONSE by California City Correctional Center to 15 Amended Petition for Writ of Habeas Corpus, 14 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,, Order on Motion to Amend the Complaint,,,,,,,. (Yu, Jonathan) (Entered: 06/15/2026)

#17

Jun 15, 2026

Order

#18

Jun 15, 2026

Judgment AND ~Util - Terminate Civil Case

#19

Jun 22, 2026

STATUS REPORT by California City Correctional Center. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 06/22/2026)

#20

Jun 30, 2026

Notice of Related Case