Eastern District of California • 1:26-cv-04628
(HC) Marquez v. Warden, Golden State Annex Detention Facility
Active
Case Information
Filed: June 15, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
June 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 15, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Gerardo Rodriguez Marquez. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Gerardo Rodriguez Marquez. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document:
Temporary Restraining Order
#3
Jun 15, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Rodriguez Marquez. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document:
In Forma Pauperis
#4
Jun 15, 2026
MOTION to APPOINT COUNSEL by Gerardo Rodriguez Marquez. (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document:
Appoint Counsel
#5
Jun 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/17/2026)
Main Document:
Immigration New Case Documents
#6
Jun 17, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/17/2026:Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM on Thursday, 6/18/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry) (Deputy Clerk CRN) (Entered: 06/17/2026)
#7
Jun 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, Golden State Annex Detention Facility (Davis, Sean) (Entered: 06/17/2026)
Main Document:
DESIGNATION
Jun 17, 2026
Service by Mail
Jun 17, 2026
Minute Order
Jun 17, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Gerardo Rodriguez Marquez. (Deputy Clerk AKP)
Jun 17, 2026
SERVICE BY MAIL: 6 Minute Order, served on Gerardo Rodriguez Marquez. (Deputy Clerk CRN)
#9
Jun 18, 2026
Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#10
Jun 18, 2026
Judgment
Main Document:
Judgment
Jun 18, 2026
Service by Mail
Parties
(HC) Marquez
Party
Warden, Golden State Annex Detention Facility
Party