Eastern District of California • 1:26-cv-03549
(HC) Garcia Herrera v. Warden of the Golden State Annex Detention Facility
Completed
Case Information
Filed: May 08, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 15, 2026
Last Activity:
May 15, 2026
Parties:
View All Parties →
Docket Entries
#1
May 08, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Director, San Francisco Field Office, 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 Jiber Onan Garcia Herrera. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 08, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jiber Onan Garcia Herrera. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
In Forma Pauperis
#3
May 08, 2026
MOTION to APPOINT COUNSEL by Jiber Onan Garcia Herrera. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
Appoint Counsel
#4
May 08, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jiber Onan Garcia Herrera. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
Temporary Restraining Order
#5
May 11, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jiber Onan Garcia Herrera signed by Magistrate Judge Christopher D. Baker on 5/11/2026. (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
May 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/11/2026)
Main Document:
Immigration New Case Documents
#7
May 11, 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: 05/11/2026)
Main Document:
CONSENT/DECLINE
#8
May 11, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/11/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. Petitioner appears to raise issues the Court has previously addressed. See e.g., Luis Alberto R.C. v. Murray, 817 F. Supp. 3d 917 (E.D. Cal. 2025); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); 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 4 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 13, 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 Luis Alberto R.C. v. Murray, Elmer Joel M. C. v. Wofford, 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: 05/11/2026)
May 11, 2026
SERVICE BY MAIL: 8 Minute Order, served on Jiber Onan Garcia Herrera. (Deputy Clerk VMG)
May 11, 2026
SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Jiber Onan Garcia Herrera. (Deputy Clerk MR)
May 11, 2026
Minute Order
May 11, 2026
Service by Mail
#9
May 12, 2026
OPPOSITION by Respondents 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. (Hemesath, Audrey) (Entered: 05/12/2026)
Main Document:
OPPOSITION
#10
May 15, 2026
Order Dismissing Case AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
Main Document:
Order Dismissing Case AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
#11
May 15, 2026
Judgment
Main Document:
Judgment
May 15, 2026
Service by Mail
May 15, 2026
SERVICE BY MAIL: 11 Judgment, 10 Order Dismissing Case, Order on Motion to Appoint Counsel, Order on Motion for TRO served on Jiber Onan Garcia Herrera. (Deputy Clerk EF)
Parties
(HC) Garcia Herrera
Party
Warden of the Golden State Annex Detention Facility
Party