Eastern District of California • 1:26-cv-04317
(HC) Cruz-Quirino v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: June 05, 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
Active
Last Activity:
June 22, 2026
Parties:
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Docket Entries
#1
Jun 05, 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 Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 05, 2026
MOTION to APPOINT COUNSEL by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)
Main Document:
Appoint Counsel
#3
Jun 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)
Main Document:
In Forma Pauperis
#4
Jun 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/08/2026)
Main Document:
Immigration New Case Documents
#5
Jun 08, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Rogelio Cruz-Quirino signed by Visiting Judge Micah WJ Smith on 06/08/26. (Deputy Clerk LJB) (Entered: 06/08/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#6
Jun 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Current or Acting Director, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Secretary, United States Department of Homeland Security,Nisreen Fakhouri Assaf for Current or Acting United States Attorney General,Nisreen Fakhouri Assaf for Warden of the Golden State Annex Detention Facility (Assaf, Nisreen) (Entered: 06/08/2026)
Main Document:
DESIGNATION
#7
Jun 08, 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 10, 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: 06/08/2026)
Jun 08, 2026
SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Rogelio Cruz-Quirino at the address of record June 8, 2026. (Deputy Clerk AB)
Jun 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Rogelio Cruz-Quirino. (Deputy Clerk LJB)
Jun 08, 2026
Minute Order
Jun 08, 2026
Service by Mail
Jun 16, 2026
Service by Mail
Jun 16, 2026
Minute Order AND Order on Motion to Appoint Counsel
Jun 22, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Parties
(HC) Cruz-Quirino
Party
Warden of the Golden State Annex Detention Facility
Party