Eastern District of California • 1:26-cv-04462
(HC) Solano v. Warden, California City Correctional Center
Active
Case Information
Filed: June 10, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 10, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Marco Garcia Solano. [$5.00 filing fee received on 06/10/2026. Receipt to be docketed on 06/11/2026] (Deputy Clerk AKP) (Entered: 06/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Marco Garcia Solano. (Deputy Clerk AKP) (Entered: 06/11/2026)
Main Document:
Temporary Restraining Order
Jun 10, 2026
RECEIPT number 19496 for $5.00 for filing fee from Marco Garcia Solano. (Deputy Clerk RRB)
#3
Jun 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/11/2026)
Main Document:
Immigration New Case Documents
#4
Jun 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, California City Correctional Center (Davis, Sean) (Entered: 06/11/2026)
Main Document:
DESIGNATION
#5
Jun 11, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/11/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The 1 petition appears to raise legal issues that this Court has previously addressed. See e.g., 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); 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). 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 June 15, 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 Luis Alberto R.C. v. Murray, Elmer Joel M. C. v. Wofford, W.V.S.M. v. Wofford, Bilal A. v. Wofford, Marina V.N. v. Robbins, Yon Kervis U. v. Chestnut, and Guzman 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: 06/11/2026)
Jun 11, 2026
Minute Order
Jun 11, 2026
Service by Mail
Jun 11, 2026
SERVICE BY MAIL: 5 Minute Order, served on Marco Garcia Solano. (Deputy Clerk VMG)
Jun 11, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Marco Garcia Solano. (Deputy Clerk AKP)
#6
Jun 15, 2026
RESPONSE by Warden, California City Correctional Center to 5 Minute Order,,,,,,,,,, 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 213, # 2 Exhibit NTA, # 3 Exhibit Bond docs, # 4 Proof of Service Proof of service)(Davis, Sean) (Entered: 06/15/2026)
Main Document:
RESPONSE
#7
Jun 23, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 6/23/2026: (Text Only Entry): The 2 motion for temporary restraining order is denied. Although petitioner asserts that he has not been provided an individualized bond hearing while detained, see Doc. 2 at 4, respondents' records show that he received an individualized § 1226(a) bond hearing on June 11, 2026, at which bond was denied, see Doc. 6-3. To the extent petitioner seeks a second § 1226(a) bond hearing, he has not shown that he is likely to succeed on that claim. In Rodriguez Diaz v. Garland, the Ninth Circuit held that due process did not require a second § 1226(a) bond hearing for a petitioner who had been detained for over fourteen months after his first § 1226(a) bond hearing, when the petitioner did not show constitutional error at his first bond hearing. Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022). This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 06/23/2026)
Jun 23, 2026
Minute Order AND Order on Motion for TRO
Jun 23, 2026
SERVICE BY MAIL: 7 Minute Order served on Marco Garcia Solano. (Deputy Clerk VMG)
Jun 23, 2026
Service by Mail
#8
Jun 24, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 06/24/2026: Following the Court's denial of Petitioner's motion for temporary restraining order (Doc. 7 ), it is HEREBY ORDERED that Respondents shall within 14 days of entry of this order either (1) any supplemental briefing on and exhibits relevant to the merits of the petition (Doc. 1), or (2) a statement of intent to file no further briefing. Petitioner may file an optional traverse to any supplemental briefing on the merits of the petition filed by Respondents no later than 14 days after service of the supplemental briefing. (Deputy Clerk CRB) (Entered: 06/24/2026)
Jun 24, 2026
SERVICE BY MAIL: 8 Minute Order served on Marco Garcia Solano. (Deputy Clerk CRB)
Jun 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 24, 2026
Service by Mail
#9
Jul 07, 2026
RESPONSE by Warden, California City Correctional Center to 8 Minute Order,,, Set/Reset Deadlines and Hearings,,. (Attachments: # 1 Proof of Service)(Davis, Sean) (Entered: 07/07/2026)
Main Document:
RESPONSE
#10
Jul 13, 2026
Petitioner's Legal BRIEF in Support of 1 Petition for Writ of Habeas Corpus filed by Marco Garcia Solano. (Deputy Clerk LJB) (Entered: 07/14/2026)
Main Document:
Petitioner's
#11
Jul 14, 2026
Traverse
Main Document:
Traverse
Parties
(HC) Solano
Party
Warden, California City Correctional Center
Party