Eastern District of California • 1:26-cv-03237

(HC) Apolinario v. Warden

Active

Case Information

Filed: April 28, 2026
Assigned to: Daniel J. Calabretta
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 01, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Juan Apolinario. (Deputy Clerk JAW) (Entered: 04/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Juan Apolinario. (Deputy Clerk JAW) (Entered: 04/29/2026)
Main Document: In Forma Pauperis
#3
Apr 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Juan Apolinario. (Deputy Clerk JAW) (Entered: 04/29/2026)
Main Document: Temporary Restraining Order
#4
Apr 28, 2026
MOTION to APPOINT COUNSEL by Juan Apolinario. (Deputy Clerk JAW) (Entered: 04/29/2026)
Main Document: Appoint Counsel
#5
Apr 29, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JAW) (Entered: 04/29/2026)
Main Document: Immigration New Case Documents
#6
Apr 29, 2026
[DISREGARD - see ECF No. 7] MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/29/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ORDERED TO SHOW CAUSE on or before May 4, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) Modified on 4/29/2026 (GJM). (Entered: 04/29/2026)
#7
Apr 29, 2026
AMENDED MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/29/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before May 4, 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 the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/29/2026)
#8
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
Apr 29, 2026
Minute Order
Apr 29, 2026
Service by Mail
Apr 29, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 29, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Juan Apolinario. (Deputy Clerk JAW)
Apr 29, 2026
SERVICE BY MAIL: 6 Minute Order served on Juan Apolinario. (Deputy Clerk GJM)
Apr 29, 2026
SERVICE BY MAIL: 7 Amended Minute Order served on Juan Apolinario. (Deputy Clerk GJM)
#9
May 01, 2026
Opposition to Motion
Main Document: Opposition to Motion
#10
May 01, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service

Parties

(HC) Apolinario
Party
Warden
Party