Eastern District of California • 1:26-cv-03257
(HC) Martinez Calderon v. Warden
Active
Case Information
Filed: April 28, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Jose Martinez Calderon.[$5 filing fee received. Receipt to be docketed on 4/29/2026] (Deputy Clerk VLC) (Entered: 04/28/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Martinez Calderon. (Deputy Clerk VLC) (Entered: 04/28/2026)
Main Document:
Temporary Restraining Order
#3
Apr 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLC) (Entered: 04/28/2026)
Main Document:
Immigration New Case Documents
#4
Apr 28, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/28/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Thursday, 4/30/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (cc: California City) (Deputy Clerk MCF) (Entered: 04/28/2026)
Apr 28, 2026
Service by Mail
Apr 28, 2026
RECEIPT number 200018683 for $5.00 for Filing Fee from Jose Martinez Calderon. (Deputy Clerk VLC)
Apr 28, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Martinez Calderon. (Deputy Clerk VLC)
Apr 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Apr 29, 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: 04/29/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 30, 2026
Opposition to Motion
Main Document:
Opposition to Motion
#7
Apr 30, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#8
May 01, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document:
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#9
May 01, 2026
Judgment
Main Document:
Judgment
May 01, 2026
Service by Mail
May 04, 2026
Service by Mail
Parties
(HC) Martinez Calderon
Party
Warden
Party