Eastern District of California • 1:26-cv-04072

(HC) Rubio-Avila v. Warden, Golden State Annex

Completed

Case Information

Filed: May 28, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: June 03, 2026
Last Activity: June 04, 2026
Parties: View All Parties →

Docket Entries

#1
May 28, 2026
PETITION for WRIT of HABEAS CORPUS against Mario Rafael Rubio-Avila, Todd Blanche, Golden State Annex Warden, Todd Lyons by Mario Rafael Rubio-Avila. (Filing fee $ 5, receipt number ACAEDC-13380290) (Attachments: # 1 Exhibit Parole)(Monsalve, Alejandro) (Entered: 05/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 28, 2026
CIVIL COVER SHEET filed by Mario Rafael Rubio-Avila. (Monsalve, Alejandro) (Entered: 05/28/2026)
Main Document: CIVIL
#3
May 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Mario Rafael Rubio-Avila. (Attachments: # 1 Declaration of Alejandro Monsalve, # 2 Proposed Order Proposed Order)(Monsalve, Alejandro) (Entered: 05/28/2026)
Main Document: Temporary Restraining Order
#4
May 28, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 05/28/2026)
Main Document: Immigration New Case Documents
#5
May 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for Todd Lyons,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for Warden, Golden State Annex (Williams, Jonathan) (Entered: 05/28/2026)
Main Document: DESIGNATION
#6
May 28, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, Dkt. No. 1 . The petition appears to raise legal issues addressed by several decisions in this court and others, including whether Petitioner's due process rights have been violated. See, e.g., J.E.R.M. v. Chestnut, No. 1:26-cv-03049-MWJS, 2026 WL 1235223 (E.D. Cal. May 5, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Abdoulaye D. v. Warden, California City Corr. Ctr., No. 1:26-cv-03015-MWJS, 2026 WL 1103597 (E.D. Cal. Apr. 23, 2026); Sergio D.L.S. v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026); Vikrant S. v. Warden, No. 1:26-cv-02780-MWJS, 2026 WL 1235115 (E.D. Cal. May 5, 2026). 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 June 1, 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 prior orders listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before June 2, 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. Pending the court's decision, and unless and until the court orders otherwise, the court ORDERS that Respondents 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: 05/28/2026)
May 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
May 30, 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: 05/30/2026)
Main Document: CONSENT/DECLINE
#8
May 31, 2026
RESPONSE to 6 ORDER to SHOW CAUSE by Todd Blanche, Todd Lyons, Markwayne Mullin, Warden, Golden State Annex. (Williams, Jonathan) (Entered: 05/31/2026)
Main Document: RESPONSE
#9
Jun 01, 2026
REPLY by Mario Rafael Rubio-Avila re 8 Response to Order to Show Cause. (Monsalve, Alejandro) (Entered: 06/01/2026)
Main Document: REPLY
#10
Jun 03, 2026
Order AND Order on Motion for TRO
Main Document: Order AND Order on Motion for TRO
#11
Jun 03, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
#12
Jun 04, 2026
Notice of Compliance
Main Document: Notice of Compliance

Parties

(HC) Rubio-Avila
Party
Warden, Golden State Annex
Party