Eastern District of California • 1:26-cv-03884
(HC) Abache-Gonzalez v. Santacruz
Completed
Case Information
Filed: May 19, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: June 09, 2026
Last Activity:
September 21, 2026
Parties:
View All Parties →
Docket Entries
#1
May 19, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Julio Kenyer Abache Gonzalez. (Filing fee $ 5, receipt number ACAEDC-13347511) (Attachments: # 1 Civil cover sheet) (Jimenez-Ortega, Walter) (Entered: 05/19/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Julio Kenyer Abache Gonzalez. (Jimenez-Ortega, Walter) (Entered: 05/20/2026)
Main Document:
Temporary Restraining Order
#3
May 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/20/2026)
Main Document:
Immigration New Case Documents
#4
May 20, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/20/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 1 petition. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, 801 F. Supp. 3d 1104 (E.D. Cal. 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 2 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 22, 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 Crispin M.C. v. Noem, J.A.C.P. v. Wofford, and Lepe v. Andrews 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: 05/20/2026)
#5
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for Christopher Chestnut,Sean Davis, GOVT for Executive Office for Immigration Review,Sean Davis, GOVT for Markwayne Mullin,Sean Davis, GOVT for Ernesto Santacruz,Sean Davis, GOVT for U.S Department of Homeland Security (Davis, Sean) (Entered: 05/20/2026)
Main Document:
DESIGNATION
#6
May 20, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Angel Fleming for Todd Blanche,Angel Fleming for Christopher Chestnut,Angel Fleming for Executive Office for Immigration Review,Angel Fleming for Markwayne Mullin,Angel Fleming for Ernesto Santacruz,Angel Fleming for U.S Department of Homeland Security, attorney Sean Davis, GOVT terminated (Fleming, Angel) (Entered: 05/20/2026)
Main Document:
DESIGNATION
May 20, 2026
Minute Order
#7
May 22, 2026
OPPOSITION by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Markwayne Mullin, Ernesto Santacruz, U.S Department of Homeland Security to 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit)(Fleming, Angel) (Entered: 05/22/2026)
Main Document:
Opposition to Motion
#8
May 27, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/27/2026: (Text Only Entry). The 7 response to the Court's order to show cause appears to note facts that were not set out in the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Nevertheless, the Court has previously addressed the legal issues raised by the 1 petition. See e.g., Yon Kervis U. v. Chestnut, No. 1:25-CV-2066-KES-SAB (HC), 2026 WL 88983 (E.D. Cal. Jan. 12, 2026); Guzman v. Andrews, No. 1:25-CV-01015-KES-SKO (HC), 2025 WL 2617256 (E.D. Cal. Sept. 9, 2025); 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 2 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 29, 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 Yon Kervis U. v. Chestnut, Guzman v. Andrews, 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. (Deputy Clerk VMG) (Entered: 05/27/2026)
May 27, 2026
Minute Order
#9
May 28, 2026
REPLY by Julio Kenyer Abache-Gonzalez to RESPONSE to 2 Motion for Temporary Restraining Order. (Jimenez-Ortega, Walter) (Entered: 05/28/2026)
Main Document:
Reply to Response to Motion
#10
Jun 04, 2026
RESPONSE by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Markwayne Mullin, Ernesto Santacruz, U.S Department of Homeland Security to 8 Minute Order,,,,,,,,,. (Fleming, Angel) (Entered: 06/04/2026)
Main Document:
RESPONSE
#11
Jun 08, 2026
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND REQUIRING BOND HEARING WITHIN FOURTEEN DAYS signed by District Judge Kirk E. Sherriff on 6/8/2026. (gm) (Entered: 06/08/2026)
#12
Jun 09, 2026
JUDGMENT dated *6/8/2026* pursuant to 11 order. CASE CLOSED. (Deputy Clerk OFR) (Entered: 06/09/2026)
Main Document:
Judgment AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Civil Case
#13
Aug 08, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03884-KES-CDB, 1:26-cv-05531-DC-AC, 1:26-cv-06196-DC-CSK by Todd Blanche, Christopher Chestnut, Executive Office for Immigration Review, Markwayne Mullin, Ernesto Santacruz, U.S Department of Homeland Security. (Yu, Jonathan) (Entered: 08/08/2026)
Main Document:
Notice of Related Case
#14
Sep 10, 2026
MOTION to ENFORCE JUDGMENT; MOTION for Appointment of Counsel by Julio Kenyer Abache-Gonzalez. (Deputy Clerk LJB) (Entered: 09/11/2026)
Main Document:
Enforce Judgment
#15
Sep 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Julio Kenyer Abache-Gonzalez. (Deputy Clerk LJB) (Entered: 09/11/2026)
Main Document:
Temporary Restraining Order
#16
Sep 11, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/11/2026: (Text Only Entry). The 14 motion to enforce judgment and 15 motion for temporary restraining order are referred to the assigned magistrate judge for the preparation of findings and recommendations and/or other appropriate action. (Deputy Clerk VMG) (Entered: 09/11/2026)
Sep 11, 2026
Minute Order
#17
Sep 21, 2026
FINDINGS and RECOMMENDATIONS to DENY 14 Petitioner's Motion to Enforce and 15 MOTION for Temporary Restraining Order re: 1 Petition for Writ of Habeas Corpus, signed by Magistrate Judge Christopher D. Baker on 9/21/2026. Objections to F&R due by 10/5/2026. (Deputy Clerk ED) (Entered: 09/21/2026)
Parties
(HC) Abache-Gonzalez
Party
Santacruz
Party