Eastern District of California • 1:26-cv-03266

(HC) Oxlaj v. Warden

Completed

Case Information

Filed: April 28, 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 08, 2026
Last Activity: May 22, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Pedro Rojop Oxlaj. [$5 filing fee received. Receipt to be docketed on 4/29/2026] (Deputy Clerk OML) (Entered: 04/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Pedro Rojop Oxlaj. (Deputy Clerk OML) (Entered: 04/28/2026)
Main Document: Temporary Restraining Order
#3
Apr 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk OML) (Entered: 04/28/2026)
Main Document: Immigration New Case Documents
#4
Apr 28, 2026
EO: The court has received and reviewed Petitioner's Petition for a Writ of Habeas Corpus, Dkt. No. 1, and Application for Temporary Restraining Order, Dkt. 2 . Pending the court's decision, 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 California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). Because the Application, Dkt. 2, seeks only an order barring Respondents from transferring, removing, or deporting Petitioner--which is effectively the same relief provided by this status quo order--the Application, Dkt. 2, is DENIED AS MOOT.The issues raised in Ground Three of the Petition appear to mirror those previously addressed by several other district judges, in this court and others, particularly whether Petitioner's due process rights have been violated. See, e.g.,Bilal A. v. Wofford, No. 1:25-cv-01715, 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-cv-01845, 2025 WL 3701960 (E.D. Cal. Dec. 21, 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 30, 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 4, 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: 04/28/2026)
Apr 28, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 28, 2026
Service by Mail
Apr 28, 2026
RECEIPT number 200018691 for $5.00 for Filing Fee from Pedro Rojop Oxlaj. (Deputy Clerk VLC)
Apr 28, 2026
SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Pedro Rojop Oxlaj at the address of record on April 28, 2026. (Deputy Clerk AB)
Apr 28, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Pedro Rojop Oxlaj. (Deputy Clerk OML)
#5
Apr 29, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Merrick Garland,Shelley D. Weger, GOVT for Todd M. Lyons,Shelley D. Weger, GOVT for Kristi Noem,Shelley D. Weger, GOVT for Warden (Weger, Shelley) (Entered: 04/29/2026)
Main Document: DESIGNATION
#6
May 01, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#7
May 08, 2026
Order
Main Document: Order
#8
May 08, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
May 08, 2026
SERVICE BY MAIL: Dkt. No. 7 Order, and Dkt. No. 8 Judgment, served on Pedro Rojop Oxlaj on May 8, 2026. (Deputy Clerk AB)
May 08, 2026
Service by Mail
#9
May 13, 2026
EO: On May 8, 2026, the court granted the petition and ordered Petitioner's immediate release. Dkt. No. 7 . On the docket, the court instructed Respondents to file a notice certifying compliance with the court's Order within two days. That two-day period has passed, but Respondents have not filed the required certificate of compliance. Respondents are therefore ORDERED to provide the required certification by 5:00 p.m. PDT, on May 14, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/13/2026)
#10
May 13, 2026
Notice of Compliance
Main Document: Notice of Compliance
May 13, 2026
Minute Order
May 13, 2026
SERVICE BY MAIL: A copy of Dkt. No. 9 Entering Order was served on Pedro Rojop Oxlaj at the address of record on May 13, 2026. (Deputy Clerk AB)
May 13, 2026
Service by Mail
May 22, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, Unable to forward: 8 Judgment and 7 Order sent to Pedro Rojop Oxlaj. (Deputy Clerk AKP)

Parties

(HC) Oxlaj
Party
Warden
Party