Eastern District of California • 1:26-cv-03179

#1

Apr 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)

#2

Apr 27, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)

#3

Apr 27, 2026

MOTION to APPOINT COUNSEL by Alfredo Talavera-Heredia. (Deputy Clerk KEZ) (Entered: 04/28/2026)

#4

Apr 28, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk KEZ) (Entered: 04/28/2026)

#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)

#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

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: 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

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

#7

May 04, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 6 Entering Order. Attorney Carolyn Wiggin, Assistant Federal Defender is hereby APPOINTED as CJA counsel for Petitioner Alfredo Talavera-Heredia. The Clerk of Court shall update the docket to reflect said attorney at 801 I Street, 3rd Floor, Sacramento, California 95814, 916-498-5700, Carolyn_Wiggin@fd.org respectively, as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/04/2026)

May 04, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

May 18, 2026

Preliminary Injunction

#9

May 18, 2026

EO: The court has received and reviewed Petitioner's 8 Motion for Preliminary Injunction. The issues raised in the Motion appear to mirror those previously addressed by other district judges in many prior cases. See, e.g., Vikrant S. v. Warden of the Golden State Annex Detention Facility, No. 1:26-cv-02780, 2026 WL 1235115 (E.D. Cal. May 5, 2026); John M.Z. v. Noem, No. 1:26-cv-02925, 2026 WL 1125790 (E.D. Cal. Apr. 23, 2026); Yon Kervis U v. Chestnut, No. 1:25-cv-2066, 2026 WL 88983 (E.D. Cal. Jan. 12, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the Petition, with the understanding that the court will also consider any arguments made and exhibits submitted 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."); A.R. v. Chestnut, No. 1:26-cv-00551, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). On or before May 20, 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 May 22, 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: 05/18/2026)

May 18, 2026

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

#10

May 20, 2026

Opposition to Motion

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May 22, 2026

Reply to Response to Motion

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May 22, 2026

Order

#13

May 22, 2026

Judgment AND ~Util - Terminate Civil Case

#14

May 26, 2026

Notice of Compliance