Eastern District of California • 1:26-cv-03776

#1

May 18, 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 Mesa Verde Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Maxo Ben Germinal. (Deputy Clerk MR) (Entered: 05/19/2026)

#2

May 19, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Maxo Ben Germinal signed by Visiting Judge Micah WJ Smith on 5/19/2026. (Deputy Clerk MR) (Entered: 05/19/2026)

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May 19, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/19/2026)

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May 19, 2026

EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. Pending the court's decision on the Petition, 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"). Petitioner appears to have been previously released on his own recognizance, meaning that the government previously implicitly found he was neither a flight risk nor a danger to the community. And he was given no pre-deprivation process before his immigration arrest and detention. Accordingly, the issues raised in the Petition appear to mirror those previously addressed by other district judges in many prior cases. See Fernandes Lima v. Warden, No. 1:26-cv-03651-MWJS, A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See 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."). On or before May 21, 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 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 May 22, 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: 05/19/2026)

May 19, 2026

Service by Mail

May 19, 2026

SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Maxo Ben Germinal at the address of record on May 19, 2026. (Deputy Clerk AB)

May 19, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents, 2 Order Authorizing IFP Status served on Maxo Ben Germinal. (Deputy Clerk MR)

May 19, 2026

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

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May 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Camilo Rodriguez, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Camilo Rodriguez, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Camilo Rodriguez, GOVT for Current or Acting United States Attorney General,Camilo Rodriguez, GOVT for Warden of the Mesa Verde Detention Facility (Rodriguez, Camilo) (Entered: 05/20/2026)

#6

May 21, 2026

RESPONSE 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 Mesa Verde Detention Facility to 4 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,, 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1)(Rodriguez, Camilo) (Entered: 05/21/2026)

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May 21, 2026

Order

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May 21, 2026

Judgment AND ~Util - Terminate Civil Case

May 21, 2026

SERVICE BY MAIL: Dkt. No. 7 Order, and Dkt. No. 8 Judgment, was served on Maxo Ben Germinal May 21, 2026. (Deputy Clerk AB)

May 21, 2026

Service by Mail

#9

May 26, 2026

Notice of Compliance

Jun 01, 2026

MAIL RETURNED as Undeliverable, Released, 3 Immigration New Case Documents, 2 Order Authorizing IFP Status sent to Petitioner, Mesa Verde Detention Facility. (Deputy Clerk EF)

Jun 02, 2026

MAIL RETURNED as Undeliverable, Not in Custody, Released: 4 Minute Order sent to Maxo Ben Germinal. (Deputy Clerk AKP)