Eastern District of California • 1:26-cv-03179
(HC) Talavera-Heredia v. Warden
Active
Case Information
Filed: April 27, 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
Active
Last Activity:
April 28, 2026
Parties:
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Docket Entries
#1
Apr 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)
Main Document:
In Forma Pauperis
#3
Apr 27, 2026
MOTION to APPOINT COUNSEL by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)
Main Document:
Appoint Counsel
#4
Apr 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk KEZ) (Entered: 04/28/2026)
Main Document:
Immigration New Case Documents
#5
Apr 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden of Immigration Detention Facility (Weger, Shelley) (Entered: 04/28/2026)
Main Document:
DESIGNATION
#6
Apr 28, 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: 04/28/2026)
Apr 28, 2026
Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 28, 2026
SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Alfredo Talavera-Heredia at the address of record on April 28, 2026. (Deputy Clerk AB)
Apr 28, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Alfredo Talavera-Heredia. (Deputy Clerk KEZ)
Apr 28, 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 28, 2026. (Deputy Clerk AB)
Apr 28, 2026
Service by Mail
Parties
(HC) Talavera-Heredia
Party
Warden
Party