Eastern District of California • 1:26-cv-03826

(HC) Malagon-Alejandres v. Warden

Active

Case Information

Filed: May 18, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: June 05, 2026
Parties: View All Parties →

Docket Entries

#1
May 18, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden by Fabian Malagon-Alejandres. (Deputy Clerk JAW) (Entered: 05/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 18, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Fabian Malagon-Alejandres. (Deputy Clerk JAW) (Entered: 05/19/2026)
Main Document: In Forma Pauperis
#3
May 18, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Fabian Malagon-Alejandres. (Deputy Clerk JAW) (Entered: 05/19/2026)
Main Document: Temporary Restraining Order
#4
May 18, 2026
MOTION to APPOINT COUNSEL by Fabian Malagon-Alejandres. (Deputy Clerk JAW) (Entered: 05/19/2026)
Main Document: Appoint Counsel
#5
May 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JAW) (Entered: 05/19/2026)
Main Document: Immigration New Case Documents
#6
May 19, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/19/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. 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-03118-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 22, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 05/19/2026)
May 19, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Fabian Malagon-Alejandres. (Deputy Clerk JAW)
May 19, 2026
SERVICE BY MAIL: 6 Minute Order served on Fabian Malagon-Alejandres. (Deputy Clerk GJM)
May 19, 2026
Service by Mail
May 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden (Rodriguez, Camilo)
Main Document: Designation of Counsel
May 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 28, 2026
Service by Mail
Jun 05, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys

Parties

(HC) Malagon-Alejandres
Party
Warden
Party