Eastern District of California • 1:26-cv-03447
(HC) Gomez Herrera v. Warden, Mesa Verde ICE Processing Center
Active
Case Information
Filed: May 04, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 08, 2026
Parties:
View All Parties →
Docket Entries
#1
May 04, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Polly Kaiser, Todd Lyons, Markwayne Mullen, Warden, Mesa Verde Detention Center by Javier Gomez Herrera. (Filing fee $ 5, receipt number ACAEDC-13276347) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ponce, Roger) (Entered: 05/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 04, 2026
CIVIL COVER SHEET filed by Javier Gomez Herrera. (Ponce, Roger) (Entered: 05/04/2026)
Main Document:
CIVIL
#3
May 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Javier Gomez Herrera. (Attachments: # 1 Appendix TRO Checklist, # 2 Proposed Order)(Ponce, Roger) (Entered: 05/04/2026)
Main Document:
Temporary Restraining Order
#4
May 05, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MCF) (Entered: 05/05/2026)
Main Document:
Immigration New Case Documents
#5
May 05, 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: 05/05/2026)
Main Document:
CONSENT/DECLINE
#6
May 05, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Angel Fleming for Todd Blanche,Angel Fleming for Department of Homeland Security,Angel Fleming for Executive Office of Immigration Review,Angel Fleming for Polly Kaiser,Angel Fleming for Todd Lyons,Angel Fleming for Markwayne Mullen,Angel Fleming for U.S. Immigration and Customs Enforcement,Angel Fleming for Warden, Mesa Verde ICE Processing Center, attorney Jonathan Williams, GOVT terminated (Williams, Jonathan) (Entered: 05/05/2026)
Main Document:
DESIGNATION
#7
May 05, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/05/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court has previously addressed the legal issues raised by count two of 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 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-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 7, 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"). (Deputy Clerk VMG) (Entered: 05/05/2026)
May 05, 2026
Minute Order
#8
May 06, 2026
OPPOSITION by Todd Blanche, Department of Homeland Security, Executive Office of Immigration Review, Polly Kaiser, Todd Lyons, Markwayne Mullen, U.S. Immigration and Customs Enforcement, Warden, Mesa Verde ICE Processing Center to 3 Motion for Temporary Restraining Order. (Fleming, Angel) (Entered: 05/06/2026)
Main Document:
Opposition to Motion
#10
May 08, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Gomez Herrera
Party
Warden, Mesa Verde ICE Processing Center
Party