Eastern District of California • 1:26-cv-03302
(HC) Carrillo Rosales v. Warden, California City Correctional Center
Completed
Case Information
Filed: April 30, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 24, 2026
Last Activity:
October 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Tadeo Agustin Carrillo Rosales. (REMARK: $5.00 Filing Fee Received. Receipt to be docketed 05/01/26) (Deputy Clerk AJB) (Entered: 04/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Tadeo Agustin Carrillo Rosales. (Deputy Clerk AJB) (Entered: 04/30/2026)
Main Document:
Temporary Restraining Order
#3
Apr 30, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AJB) (Entered: 04/30/2026)
Main Document:
Immigration New Case Documents
#4
Apr 30, 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: 04/30/2026)
Main Document:
CONSENT/DECLINE
Apr 30, 2026
Service by Mail
Apr 30, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Tadeo Agustin Carrillo Rosales. (Deputy Clerk AJB)
#5
May 01, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/01/2026: (Text Only Entry). An examination of case numbers 1:26-cv-03302-DC-JDP and 2:26-cv-01044-KES-FJS reveals that they are related within the meaning of Local Rule 123(a). Accordingly, the assignment of this matter to the same judge and magistrate judge as in 2:26-cv-01044-KES-FJS is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-03302-DC-JDP is reassigned from District Judge Dena M. Coggins and Magistrate Judge Jeremy D. Peterson to District Judge Kirk E. Sherriff and Magistrate Judge Frank J. Singer. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-03302-KES-FJS. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Deputy Clerk VMG) (Entered: 05/01/2026)
#6
May 01, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Kirk E. Sherriff and Magistrate Judge Frank J. Singer. The new case number is: 1:26-cv-03302-KES-FJS. (Deputy Clerk CM) (Entered: 05/01/2026)
#7
May 01, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/01/2026: (Text Only Entry). Respondents shall file a response to the 2 motion for temporary restraining order by May 7, 2026. Petitioner may file a reply by May 13, 2026. The parties shall indicate in their briefing their position as to whether the 2 motion for temporary restraining order should be converted into a motion for preliminary injunction. The parties shall also state whether they request a hearing on the 2 motion. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. 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"). (Deputy Clerk VMG) (Entered: 05/01/2026)
May 01, 2026
Minute Order
May 01, 2026
Service by Mail
May 01, 2026
SERVICE BY MAIL: 5 Minute Order, served on Tadeo Agustin Carrillo Rosales. (Deputy Clerk VMG)
May 01, 2026
SERVICE BY MAIL: 6 Clerk's Notice Reassigning Case served on Tadeo Agustin Carrillo Rosales. (Deputy Clerk CM)
May 01, 2026
RECEIPT number 200018724 for $5.00 for Filing Fee from Tadeo Agustin Carrillo Rosales. (Deputy Clerk OML)
May 01, 2026
SERVICE BY MAIL: 7 Minute Order, served on Tadeo Agustin Carrillo Rosales. (Deputy Clerk VMG)
#8
May 07, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03302-KES-FJS, 2:26-cv-01044-KES-FJS by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 05/07/2026)
Main Document:
Notice of Related Case
#9
May 07, 2026
MOTION to DISMISS by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 05/07/2026)
Main Document:
Dismiss
#10
May 12, 2026
REPLY by Tadeo Agustin Carrillo Rosales re 9 Motion to Dismiss. (Deputy Clerk JPX) (Entered: 05/12/2026)
Main Document:
REPLY
#11
May 13, 2026
REPLY by Tadeo Agustin Carrillo Rosales re 9 Motion to Dismiss. (Deputy Clerk JPX) (Entered: 05/13/2026)
Main Document:
REPLY
#12
Jun 08, 2026
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of Petition for Writ of Habeas Corpus and Request for Immediate Release by Tadeo Agustin Carrillo Rosales (Deputy Clerk JPX) (Entered: 06/09/2026)
Main Document:
Notice (Other)
#13
Jun 19, 2026
RESPONSE by Warden, California City Correctional Center to 12 Notice - Other. (Andrews, Anthony) (Entered: 06/19/2026)
Main Document:
RESPONSE
#14
Jul 28, 2026
MOTION for Administrative Relief to Expedite Adjudication of Pending Petition for Writ of Habeas Corpus by Tadeo Agustin Carrillo Rosales. (Deputy Clerk SSA) (Entered: 07/28/2026)
Main Document:
Miscellaneous Relief
#15
Aug 24, 2026
MOTION for Leave to File Supplemental and Amended Petition by Tadeo Agustin Carrillo Rosales. (Deputy Clerk ED) (Entered: 08/25/2026)
Main Document:
Miscellaneous Relief
#16
Aug 24, 2026
PROPOSED SUPPLEMENTAL and AMENDED PETITION for Writ of Habeas Corpus by Tadeo Agustin Carrillo Rosales. (Deputy Clerk ED) (Entered: 08/25/2026)
Main Document:
Miscellaneous Relief
#17
Aug 24, 2026
Renewed MOTION for TEMPORARY RESTRAINING ORDER and PRELIMINARY INJUCTION by Tadeo Agustin Carrillo Rosales. (Deputy Clerk ED) (Entered: 08/25/2026)
Main Document:
Temporary Restraining Order
#18
Aug 28, 2026
Ex-Parte MOTION for TEMPORARY RESTRAINING ORDER by Tadeo Agustin Carrillo Rosales. (Deputy Clerk ED) (Entered: 08/31/2026)
Main Document:
Temporary Restraining Order
#19
Sep 01, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/1/2026: (Text Only Entry). By September 4, 2026, respondents shall file a copy of any evidence that they submitted at the bond hearing, along with a transcript or an audio recording of the bond hearing. (gm) (Entered: 09/01/2026)
Sep 01, 2026
Minute Order
#20
Sep 04, 2026
NOTICE OF COMPLIANCE re 19 Minute Order, by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 09/04/2026)
Main Document:
Notice of Compliance
#21
Sep 04, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, California City Correctional Center re 20, 19 . Date & Time 04/08/2026, Duration 00:44:43. File size [21.5 MB]. (Andrews, Anthony) (Entered: 09/04/2026)
Main Document:
DIGITAL
#22
Sep 11, 2026
SUPPLEMENT by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 09/11/2026)
Main Document:
SUPPLEMENT
#23
Sep 24, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/24/2026: (Text Only Entry) The 1 petition for writ of habeas corpus is denied without prejudice. On April 2, 2026, the court granted petitioner's petition for writ of habeas corpus and ordered that respondents provide petitioner with a bond hearing within seven (7) days. Doc. 7, Case No. 2:26-cv-01044-KES-FJS. On April 8, 2026, petitioner received a bond hearing in immigration court. Doc. 20 at 11-12. The immigration judge ("IJ") denied bond, finding that the government had met its burden of establishing that petitioner was a flight risk. Id.; Doc. 22 . Petitioner filed a new habeas petition, arguing that his prolonged detention without an individualized justification for detention violates due process, that the immigration judge abused her discretion when conducting the bond hearing, and that changed circumstances merit a new bond hearing. Doc. 1 at 5-8. Respondents argue that petitioner must exhaust his administrative remedies before the BIA before seeking relief before the district court. Doc. 9 at 3-4. To the extent petitioner raises new grounds beyond whether the IJ complied with this court's order, the petition is denied for failure to exhaust. But exhaustion is not required to review whether respondents complied with this court's order. Kumar v. Warden of the Golden State Annex Detention Facility, No. 1:26-cv-00035-KES-CDB, 2026 WL 2078191, at *5 (E.D. Cal. Jul. 17, 2026); Kumar v. Noem, No. 1:26-cv-01148-DJC-AC, 2026 WL 983129, at *3 (E.D. Cal. Apr. 13, 2026). "The Court has jurisdiction to enforce its own orders." Muzahir v. Chestnut, __ F. Supp. 3d __, 2026 WL 1949010, at *1 (E.D. Cal. Jul. 6, 2026); Noem, 2026 WL 983129, at *2. Here, the IJ complied with the court's order by requiring the government to show flight risk or danger by clear and convincing evidence. See Doc. 22 . As to the IJ's evaluation of the evidence, "[w]hen reviewing an immigration custody determination in habeas proceedings, the district court must apply an abuse of discretion standard." Singh v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-01973-DAD-CSK, 2026 WL 1328588, at *4 (E.D. Cal. May 13, 2026); Martinez v. Clark, 124 F.4th 775, 784 (9th Cir. 2024). "In reviewing the IJ's determination, a district court may not second guess the IJ's weighing of the evidence... review is limited to whether the IJ's decision reflects clear legal error or is unsupported by sufficient evidence." Muzahir, __ F. Supp. 3d at __, 2026 WL 1949010, at *1 (quoting Quan v. Barr, No. 20-cv-08118-LB, 2021 WL 308610, at *4 (N.D. Cal. Jan. 29, 2021) (internal citations and quotations omitted). The IJ did not abuse her discretion in finding that the government had shown that petitioner was a flight risk. Doc. 22 . The IJ noted: petitioner's "personal circumstances are sympathetic... However, I am balancing other factors as required by Board law." Doc. 22 at 18. The IJ expressed concerns about petitioner's candor and weighed petitioner's residential history, length of time in the United States, family ties in the United States, employment history, and manner of entry into the United States. Id. at 18-19. The IJ reserved petitioner's appeal rights, id. at 19, and petitioner's appeal of the bond denial is pending before the BIA. See Doc. 18 ; see 8 C.F.R. § 1003.1(d)(3) (2020) (BIA reviews flight risk de novo and factual findings underlying the judgment for clear error). Although petitioner does not agree with the IJ's bond denial and his appeal remains pending before the BIA, the court does not find that the IJ abused her discretion. See Martinez v. Clark, 124 F.4th 775, 783 (9th Cir. 2024) (the IJ may consider any or all of the nine factors set forth in In Re Guerra, 24 I. & N. Dec. 37, 39 (BIA 2006)). To the extent that petitioner argues that changed circumstances merit a new hearing, petitioner may request a new bond hearing pursuant to 8 CFR § 1003.19(e). The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Deputy Clerk CLA) (Entered: 09/24/2026)
Sep 24, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion for TRO AND Order on Motion for TRO AND Order on Motion to Dismiss
Sep 24, 2026
SERVICE BY MAIL: 23 Minute Order served on Tadeo Agustin Carrillo Rosales. (Deputy Clerk CLA)
Sep 24, 2026
Service by Mail
#24
Oct 16, 2026
Notice (Other)
Main Document:
Notice (Other)
Parties
(HC) Carrillo Rosales
Party
Warden, California City Correctional Center
Party