Eastern District of California • 1:26-cv-03875

#1

May 20, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Sheyson Ivan Garcia Fuentes. [$5 filing fee received on 05/20/2026. Receipt to be docketed on 05/21/2026] (Deputy Clerk AKP) (Entered: 05/21/2026)

#2

May 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Sheyson Ivan Garcia Fuentes. (Deputy Clerk AKP) (Entered: 05/21/2026)

#3

May 21, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/21/2026)

#4

May 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 05/21/2026)

#5

May 21, 2026

EO: After reviewing the petition for a writ of habeas corpus, Dkt. No. 1, and the application for temporary restraining order, Dkt. No. 2, the court has concluded that this case would benefit from the appointment of counsel. 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, and the Clerk's Office 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 amend or supplement the original petition and the TRO application. Dkt. Nos. 1, 2 . The Clerk's Office is directed to serve a copy of the original petition, Dkt. No. 1, and TRO application, Dkt. No. 2, on the Federal Defender. After counsel is appointed and any amended or supplemental petition or TRO application is filed, the court may set a briefing schedule. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/21/2026)

May 21, 2026

Service by Mail

May 21, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Sheyson Ivan Garcia Fuentes at the address of record on May 21, 2026. (Deputy Clerk AB)

May 21, 2026

RECEIPT number 200019127 for $5.00 for filing fee from Sheyson Ivan Garcia Fuentes. (Deputy Clerk VLK)

May 21, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Sheyson Ivan Garcia Fuentes. (Deputy Clerk AKP)

May 21, 2026

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

May 21, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 5 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 21, 2026. (Deputy Clerk AB)

#6

May 29, 2026

EO: The appointing authority for the Eastern District of California has notified the court by email that there is no available counsel for appointment in this case by the court's deadline. The deadline is therefore EXTENDED for three business days, to Tuesday, June 2, 2026. If a further extension is needed, the appointing authority may again contact chambers directly by email. Alternatively, if it becomes apparent that counsel cannot be timely secured for this petitioner, the appointing authority may provide that update to the court. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/29/2026)

May 29, 2026

Service by Mail

May 29, 2026

Minute Order

May 29, 2026

SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Sheyson Ivan Garcia Fuentes at the address of record on May 29, 2026. (Deputy Clerk AB)

#7

Jun 01, 2026

EO: The Court has been notified of appointed counsel's contact information pursuant to Dkt. No. 6 Entering Order. Attorney Jan Karowsky is hereby APPOINTED as CJA counsel for Petitioner Sheyson Ivan Garcia Fuentes. The Clerk of Court shall update the docket to reflect said attorney at 2701 Del Paso Rd, Ste.130-276, Sacramento, CA 95835-2305, karowskylaw@sbcglobal.net respectively, as counsel for Petitioner in this matter, nunc pro tunc to 6/1/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/01/2026)

#8

Jun 01, 2026

Notice of Appearance

Jun 01, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#9

Jun 08, 2026

Proposed Order

#10

Jun 08, 2026

Proposed Order

#11

Jun 08, 2026

RESPONSE by Warden, California City Correctional Center to 10 Proposed Order, 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Assaf, Nisreen) (Entered: 06/08/2026)

#12

Jun 08, 2026

EO: The court has received Petitioner's amended petition for writ of habeas corpus, in which he argues that an immigration judge's June 2, 2026, removal order is not final because he has until July 2, 2026, to appeal. Dkt. No. 10-1, at pg. 2. In his response, Dkt. No. 11, Respondent argues that the June 2, 2026, removal order is final because Petitioner waived appeal. See Dkt. No. 11-3, pgs. 3-4. On or before June 10, 2026, Petitioner must address Respondent's argument that the June 2, 2026, order is administratively final, and that Petitioner is therefore subject to a ninety-day period of mandatory detention under 8 U.S.C. § 1231(a)(2). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/08/2026)

Jun 08, 2026

Minute Order

#13

Jun 09, 2026

Notice of Voluntary Dismissal

#14

Jun 09, 2026

EO: Before the court is Petitioner's motion for voluntary dismissal of habeas petition and withdrawal of request for temporary restraining order. Dkt. No. 13 . For good cause shown, the motion is GRANTED. The Clerk is DIRECTED to DISMISS this action without prejudice and to CLOSE the case. Given the foregoing, Petitioner's application for temporary restraining order, Dkt. No. 2, is DENIED AS MOOT, and the court's May 21, 2026, order that Petitioner not be transferred or otherwise taken out of the Eastern District of California, Dkt. No. 5, is HEREBY LIFTED. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/09/2026)

Jun 09, 2026

Minute Order AND ~Util - Terminate Civil Case