Eastern District of California • 1:26-cv-04215

(HC) Escalante v. Warden, California City Correctional Center

Completed

Case Information

Filed: June 02, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 08, 2026
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 02, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Director, U.S. Immigration and Customs Enforcement (ICE), Warden, California City Correctional Center by Francisco Vasquez Escalante. (Deputy Clerk LJB) (Entered: 06/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/02/2026)
Main Document: Immigration New Case Documents
#3
Jun 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Director, U.S. Immigration and Customs Enforcement (ICE),Elisa M. Rodriguez for Warden, California City Correctional Center (Rodriguez, Elisa) (Entered: 06/02/2026)
Main Document: DESIGNATION
#4
Jun 02, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. 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 8, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following three questions: 1. Is Petitioner subject to a final order of removal? 2. Is Petitioner subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) or any provision of the INA other than § 1225(b)(2)? 3. Was Petitioner ever previously detained and released by immigration authorities? If the answer to this question is yes, do Respondents believe that there is any factual or legal basis to distinguish this case from the many prior cases in which district judges have addressed this issue? See Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; 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. Petitioner may file a reply on or before June 12, 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. And given the court's ongoing consideration of the Petition and Motion, 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 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"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/02/2026)
Jun 02, 2026
Service by Mail
Jun 02, 2026
SERVICE BY MAIL: A copy of Dkt. No. 4 Entering Order, was served on Francisco Vasquez Atlantes at the address of record on June 2, 2026. (Deputy Clerk AB)
Jun 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Francisco Vasquez Escalante. (Deputy Clerk LJB)
Jun 02, 2026
RECEIPT number 100008327 for $5.00 for Petitioner from Francisco Vasquez Escalante. (Deputy Clerk LJB)
Jun 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
Jun 06, 2026
OPPOSITION by Respondents Director, U.S. Immigration and Customs Enforcement (ICE), Warden, California City Correctional Center to 1 Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 06/06/2026)
Main Document: OPPOSITION
#6
Jun 08, 2026
Order
Main Document: Order
#7
Jun 08, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document: Judgment AND ~Util - Terminate Civil Case
Jun 08, 2026
SERVICE BY MAIL: A copy of Dkt. No. 6 Order, and Dkt. No. 7 Judgment, was served on Francisco Vasquez Escalante at the address of record on June 8, 2026. (Deputy Clerk AB)
Jun 08, 2026
Service by Mail
#8
Jun 10, 2026
Notice of Compliance
Main Document: Notice of Compliance
Jun 22, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 6 Order and 7 Judgment sent to Francisco Vasquez Escalante. (Deputy Clerk AKP)

Parties

(HC) Escalante
Party
Warden, California City Correctional Center
Party