Eastern District of California • 1:26-cv-03392

(HC) Lopez Mateo v. Warden, Mesa Verde Detention Center

Active

Case Information

Filed: May 04, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erin Guy Castillo
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
May 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Center by Marvin Macario Lopez Mateo. [$5 filing fee received. Receipt to be docketed 5/5/2026] (Deputy Clerk VLK) (Main Document 1 replaced on 5/4/2026) (VLK). (Entered: 05/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Marvin Macario Lopez Mateo. (Deputy Clerk VLK) (Entered: 05/04/2026)
Main Document: Temporary Restraining Order
#3
May 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 05/04/2026)
Main Document: Immigration New Case Documents
#4
May 04, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/4/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 1 petition. See e.g., Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). 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 2 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-3118 (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 6, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. 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"). (gm) (Entered: 05/04/2026)
May 04, 2026
Service by Mail
May 04, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Marvin Macario Lopez Mateo. (Deputy Clerk VLK)
May 04, 2026
Minute Order
May 04, 2026
RECEIPT number 200018784 for $5.00 for Filing Fee from Marvin Macario Lopez Mateo. (Deputy Clerk VLC)

Parties

(HC) Lopez Mateo
Party
Warden, Mesa Verde Detention Center
Party