Eastern District of California • 1:26-cv-04843
(HC) De Jesus Rosales v. Warden, California City Correctional Center
Active
Case Information
Filed: June 24, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
August 18, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 24, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Field Office Director, ICE Los Angeles Field Office, Merrick Garland, Todd M. Lyons, Kristi Noem, Warden, California City Correctional Center by Manuel De Jesus Rosales. (Deputy Clerk AML) (Entered: 06/25/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Manuel De Jesus Rosales. (Deputy Clerk AML) (Entered: 06/25/2026)
Main Document:
Temporary Restraining Order
Jun 24, 2026
RECEIPT number 200019686 for $5.00 for Manuel De Jesus Rosales. (Deputy Clerk JAW)
#3
Jun 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AML) (Entered: 06/25/2026)
Main Document:
Immigration New Case Documents
#4
Jun 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Field Office Director, ICE Los Angeles Field Office,Nisreen Fakhouri Assaf for Merrick Garland,Nisreen Fakhouri Assaf for Todd M. Lyons,Nisreen Fakhouri Assaf for Kristi Noem,Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 06/25/2026)
Main Document:
DESIGNATION
#5
Jun 25, 2026
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action 1:26-cv-04843-KES-EPG is related to Case No. 1:26-cv-03259-JLT-EGC because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Thus, the Court ORDERS that Case No. 1:26-cv-04843-KES-EPG is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Erin Guy Castillo. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on June 25, 2026. (Deputy Clerk IM) (Entered: 06/25/2026)
#6
Jun 25, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY): This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erin Guy Castillo. The new case number is: 1:26-cv-04843-JLT-EGC (HC). (Deputy Clerk AML) (Entered: 06/25/2026)
Jun 25, 2026
Service by Mail
Jun 25, 2026
SERVICE BY MAIL: 6 Clerk's Notice Reassigning Case served on Manuel De Jesus Rosales. (Deputy Clerk AML)
Jun 25, 2026
SERVICE BY MAIL: 5 Minute Order served on Manuel De Jesus Rosales. (Deputy Clerk IM)
Jun 25, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Manuel De Jesus Rosales. (Deputy Clerk AML)
Jun 25, 2026
Minute Order
#7
Jun 26, 2026
MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner asserts that he has been detained since January 2026. (Doc. 1 at 3.) He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b).The Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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 circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on June 26, 2026. (Deputy Clerk IM) (Entered: 06/26/2026)
Jun 26, 2026
Order on Motion for TRO
Jun 26, 2026
Service by Mail
Jun 26, 2026
SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Manuel De Jesus Rosales. (Deputy Clerk IM)
#8
Jun 30, 2026
RESPONSE by Field Office Director, ICE Los Angeles Field Office, Merrick Garland, Todd M. Lyons, Kristi Noem, Warden, California City Correctional Center to 7 Order on Motion for TRO,,,,,, 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Assaf, Nisreen) (Entered: 06/30/2026)
Main Document:
RESPONSE
#9
Jun 30, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#10
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/28/2026: (Text Only Entry). In light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change. (Deputy Clerk WAK) (Entered: 07/28/2026)
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 10 Minute Order, served on Manuel De Jesus Rosales. (Deputy Clerk WAK)
Jul 28, 2026
Minute Order
#11
Jul 29, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/29/2026: (Text Only Entry). The Court rescinds its minute order dated [July 28, 2026]: "Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change." (Deputy Clerk WAK) (Entered: 07/29/2026)
Jul 29, 2026
SERVICE BY MAIL: 11 Minute Order, served on Manuel De Jesus Rosales. (Deputy Clerk WAK)
Jul 29, 2026
Service by Mail
Jul 29, 2026
Minute Order
#12
Aug 04, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 8/4/2026: (Text Only Entry). The Court is in receipt of Respondents' Motion to Dismiss, in which Respondents contend that "the 90 day removal period commenced on June 2, 2026, when the IJ ordered Petitioner removed, notwithstanding his administrative appeal, which does not negate the existence of a final order for purposes of § 1231." (Doc. 8 at 2). However, section 1231(a)(2) mandates detention for the 90-day removal period, which begins, as relevant here, "[t]he date the order of removal becomes administratively final." 8 U.S.C. § 1231(a). And Respondents' do not contest that there is a pending appeal of the order of removal to the Board of Immigration Appeals. (Id. ("Petitioner filed a Notice of Appeal with the BIA on June 22, 2026, where his appeal remains pending.")). Therefore, by no later than August 6, 2026, Respondents are hereby ORDERED to clarify the detention authority under which they claim to detain Petitioner, and, if Respondents seek to rely on a different authority than section 1231(a)(2), Respondents are FURTHER ORDERED to show cause why Petitioner's petition should not be granted. (Deputy Clerk WAK) (Entered: 08/04/2026)
#13
Aug 04, 2026
RESPONSE to 12 ORDER to SHOW CAUSE by Field Office Director, ICE Los Angeles Field Office, Merrick Garland, Todd M. Lyons, Kristi Noem, Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1 - Bond Denial)(Assaf, Nisreen) (Entered: 08/04/2026)
Main Document:
RESPONSE
Aug 04, 2026
Service by Mail
Aug 04, 2026
Minute Order
Aug 04, 2026
SERVICE BY MAIL: 12 Minute Order, served on Manuel De Jesus Rosales. (Deputy Clerk WAK)
#14
Aug 05, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 8/5/2026: (Text Only Entry). To resolve the pending matter, the Court believes it requires that the record be supplemented with any Form I-213 prepared in connection with Petitioner's detention and any other documentation related to his immigration and/or criminal history. Thus, on or before Friday,August 7, 2026, Respondents are directed to supplement the record with that material. (Deputy Clerk WAK) (Entered: 08/05/2026)
Aug 05, 2026
Minute Order
Aug 05, 2026
SERVICE BY MAIL: 14 Minute Order, served on Manuel De Jesus Rosales. (Deputy Clerk WAK)
Aug 05, 2026
Service by Mail
#15
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Field Office Director, ICE Los Angeles Field Office,Gabriel Andres Soto-Perez for Merrick Garland,Gabriel Andres Soto-Perez for Todd M. Lyons,Gabriel Andres Soto-Perez for Kristi Noem,Gabriel Andres Soto-Perez for Warden, California City Correctional Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document:
DESIGNATION
#17
Aug 10, 2026
REPLY to 8 Response by Manuel De Jesus Rosales. (Deputy Clerk ED) (Entered: 08/12/2026)
Main Document:
REPLY
#16
Aug 11, 2026
Notice of Compliance
Main Document:
Notice of Compliance
#18
Aug 12, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#19
Aug 12, 2026
Traverse
Main Document:
Traverse
#20
Aug 13, 2026
Findings and Recommendations
Aug 13, 2026
SERVICE BY MAIL: 20 Findings and Recommendations (Motion) served on Manuel De Jesus Rosales. (Deputy Clerk SSA)
Aug 13, 2026
Service by Mail
#21
Aug 18, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
Parties
(HC) De Jesus Rosales
Party
Warden, California City Correctional Center
Party