Eastern District of California • 1:26-cv-03418

#1

May 04, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Director, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Javier Enrique Garcia. (Deputy Clerk MR) (Entered: 05/06/2026)

#2

May 04, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Javier Enrique Garcia. (Deputy Clerk MR) (Entered: 05/06/2026)

#3

May 04, 2026

MOTION to APPOINT COUNSEL by Javier Enrique Garcia. (Deputy Clerk MR) (Entered: 05/06/2026)

#4

May 04, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Javier Enrique Garcia. (Deputy Clerk MR) (Entered: 05/06/2026)

#5

May 06, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Javier Enrique Garcia signed by Visiting Judge Micah WJ Smith on 5/6/2026. (Deputy Clerk MR) (Entered: 05/06/2026)

#6

May 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/06/2026)

#7

May 06, 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: 05/06/2026)

#8

May 06, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, Motion to Appoint Counsel, ECF No. 3, and Motion for Temporary Restraining Order, ECF No. 4 . Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Petitioner's 3 Motion to Appoint Counsel,is therefore GRANTED. Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, which shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may supplement the Petition for Writ of Habeas Corpus. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender.After counsel is appointed, the court will set a schedule for briefing on the 1 Petition for Writ of Habeas Corpus and 4 Motion for Temporary Restraining Order. And given the court's ongoing consideration of Petitioner's Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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"). IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/06/2026)

#9

May 06, 2026

ASSOCIATION of ATTORNEY: Added attorney Michael G. Tierney for Warden of the Golden State Annex Detention Facility. (Tierney, Michael) (Entered: 05/06/2026)

May 06, 2026

Service by Mail

May 06, 2026

Minute Order AND Order on Motion to Appoint Counsel

May 06, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Javier Enrique Garcia. (Deputy Clerk MR)

May 06, 2026

SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Javier Enrique Garcia at the address of record on May 6, 2026. (Deputy Clerk AB)

May 06, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 8 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on May 6, 2026. (Deputy Clerk AB)

#10

May 14, 2026

EO: The Court has been notified of appointed counsel's contact information pursuant to Dkt. No. 8 Entering Order. Attorney Carrie LeRoy is hereby APPOINTED as CJA counsel for Petitioner Javier Enrique Garcia. The Clerk of Court shall update the docket to reflect said attorney at 17774 Old Summit Road Los Gatos, CA 95033, 650-630-4379 carrie.leroy@aol.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 5/13/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/14/2026)

May 14, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

May 29, 2026

EO: The court has received and reviewed Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, ECF No. 1, and motion for temporary restraining order, ECF No. 4 . It is not clear from the face of the Petition or Motion whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/29/2026)

#12

May 29, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael G. Tierney for Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Michael G. Tierney for Current or Acting Director, United States Immigration and Customs Enforcement,Michael G. Tierney for Current or Acting Secretary, United States Department of Homeland Security,Michael G. Tierney for Current or Acting United States Attorney General,Michael G. Tierney for Warden of the Golden State Annex Detention Facility, attorney Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 05/29/2026)

May 29, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#13

Jun 04, 2026

OPPOSITION by Respondent Warden of the Golden State Annex Detention Facility to 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit A)(Tierney, Michael) (Entered: 06/04/2026)

#14

Jun 05, 2026

EO: The court has received and reviewed Respondents' 13 Opposition. The facts and legal issues raised in the Opposition appear to mirror those previously addressed by other district judges in many prior cases. See Anderson O.H.G. v. Johnson, No. 1:26-cv-03248-MWJS, 2026 WL 1330831 (E.D. Cal. May 12, 2026); Jose C.L.L. v. Chestnut, No. 1:26-cv-03453-MWJS, 2026 WL 1275305 (E.D. Cal. May 7, 2026); Francisco C.T. v. Warden, No. 1:26-cv-03308-MWJS, 2026 WL 1234218 (E.D. Cal. May 4, 2026). Given the substantial percolation of these issues, on or before June 9, 2026, Respondents are ORDERED TO SHOW CAUSE as to there are any factual or legal issues in this case that render it distinguishable from prior orders such as the ones listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before June 11, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/05/2026)

Jun 05, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#15

Jun 08, 2026

RESPONSE to 14 ORDER to SHOW CAUSE by Warden of the Golden State Annex Detention Facility. (Tierney, Michael) (Entered: 06/08/2026)

#16

Jun 08, 2026

REPLY by Javier Enrique Garcia re 15 Response to Order to Show Cause, 13 Opposition. (LeRoy, Carrie) (Entered: 06/08/2026)

#17

Jun 09, 2026

Order

#18

Jun 09, 2026

Judgment AND ~Util - Terminate Civil Case

#19

Jun 16, 2026

STATUS REPORT by Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility. Attorney Weger, Shelley D. added. (Attachments: # 1 Exhibit 1 (bond order))(Weger, Shelley) (Entered: 06/16/2026)