Eastern District of California • 1:26-cv-04608

#1

Jun 15, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde ICE Processing Facility by Jose Lubo Calderon Garcia. (RECEIPT #100008519 $5.00 paid on 06/16/2026 by Jose Calderon) ( # 1 Civil Cover Sheet) (Deputy Clerk CM). (Entered: 06/16/2026)

#3

Jun 15, 2026

MOTION for Expedited Consideration and Constitutionally Adequate Individualized Custody Hearing by Jose Lubo Calderon Garcia. (Deputy Clerk CM) (Entered: 06/16/2026)

#2

Jun 16, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, Mesa Verde ICE Processing Facility (Rodriguez, Camilo) (Entered: 06/16/2026)

#4

Jun 16, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 06/16/2026)

#5

Jun 16, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, and Emergency Motion for Expedited Consideration and Constitutionally Adequate Individualized Custody Hearing, ECF No. 3 . The issues raised in the Petition and Motion appear to mirror those previously addressed by other district judges in many prior cases. See Jose Angel R.A. v. Johnson, No. 1:26-cv-3408-MWJS, 2026 WL 1603891 (E.D. Cal. June 3, 2026); Henry A.V.L. v. Warden of the Cent. Valley Annex Detention Facility, No. 1:26-cv-3354-MWJS, 2026 WL 1391273 (E.D. Cal. May 18, 2026); Avalos v. Chestnut, No. 1:26-cv-1199, 2026 WL 654448 (E.D. Cal. Mar. 9, 2026), report and recommendation adopted, 2026 WL 825717 (E.D. Cal. Mar. 25, 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 18, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following two questions: 1. Do Respondents dispute that Petitioner appears to be a member of the class certified in Maldonado Bautista v. Santacruz, No. 5:25-cv-01873, 813 F. Supp. 3d 1084 (C.D. Cal. 2025)? 2. Regardless of Petitioner's membership in the Maldonado Bautista class, are there are any factual or legal issues in this case that render it distinguishable from prior orders, such as Jose Angel R.A. v. Johnson, Henry A.V.L. v. Warden, and Avalos v. Chestnut, which resolved similar petitions on statutory grounds under the INA? Respondents should indicate whether any factual or legal distinctions exist that would justify denying the Petition, or indicate this matter is not substantively distinguishable. 3. Do Respondents dispute as a factual matter that Petitioner had a U visa application pending prior to his detention? Respondents should also address whether Petitioner had been granted deferred action (in connection with his U visa application or through any other mechanism) at the time of his detention. 4. If Respondents do not dispute that Petitioner had a pending U visa application at the time of his detention, do they dispute that Petitioner would therefore appear to be a member of one or more classes certified in Immigration Center for Women & Children v. Noem, No. 2:25-CV-09848-AB-AS, 2026 WL 1455004 (C.D. Cal. May 20, 2026)? Petitioner may file a reply on or before June 22, 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: 06/16/2026)

Jun 16, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order was served on Jose Lubo Calderon Garcia at the address of record on June 16, 2026. (Deputy Clerk AB)

Jun 16, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Lubo Calderon Garcia. (Deputy Clerk CM)

Jun 16, 2026

Minute Order

Jun 16, 2026

Service by Mail

Jun 23, 2026

Minute Order

Jun 23, 2026

Service by Mail

Jun 30, 2026

Minute Order AND ~Util - Terminate Civil Case

Jun 30, 2026

Service by Mail