Eastern District of California • 1:26-cv-05031
(HC) Ibarra v. Warden, California City Correctional Center
Active
Case Information
Filed: June 30, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Stanley A. Boone
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 28, 2026
Parties:
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Docket Entries
#1
Jun 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by David Nopal Ibarra. [$5.00 filing fee received on 06/30/2026. Receipt to be docketed on 07/01/2026] (Deputy Clerk AKP) (Entered: 07/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by David Nopal Ibarra. (Deputy Clerk AKP) (Entered: 07/01/2026)
Main Document:
Temporary Restraining Order
#3
Jul 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/01/2026)
Main Document:
Immigration New Case Documents
#4
Jul 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 1, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/01/2026)
#5
Jul 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 07/01/2026)
Main Document:
DESIGNATION
#6
Jul 01, 2026
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action 1:26-cv-05031-TLN-SCR is related to Case No. 1:26-cv-03403-JLT-SAB 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-05031-TLN-SCR is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Stanley A. Boone. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on July 1, 2026. (Deputy Clerk IM) (Entered: 07/01/2026)
Jul 01, 2026
RECEIPT number 200019782 for $5.00 filing fee from David Nopal Ibarra. (Deputy Clerk KML)
Jul 01, 2026
SERVICE BY MAIL: 6 Minute Order served on David Nopal Ibarra. (Deputy Clerk IM)
Jul 01, 2026
SERVICE BY MAIL: 4 Minute Order served on David Nopal Ibarra. (Deputy Clerk MDK)
Jul 01, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on David Nopal Ibarra. (Deputy Clerk AKP)
Jul 01, 2026
Minute Order
Jul 01, 2026
Service by Mail
#7
Jul 02, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Stanley A. Boone. The new case number is: 1:26-cv-05031 JLT-SAB. (Deputy Clerk EF) (Entered: 07/02/2026)
#8
Jul 02, 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 February 20, 2026, over 129 days ago. (Doc. 1 at 2.) 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 July 2, 2026. (Deputy Clerk IM) (Entered: 07/02/2026)
Jul 02, 2026
Service by Mail
Jul 02, 2026
SERVICE BY MAIL: 8 Minute Order on Motion for TRO served on David Nopal Ibarra. (Deputy Clerk IM)
Jul 02, 2026
SERVICE BY MAIL: 7 Clerk's Notice Reassigning Case served on David Nopal Ibarra. (Deputy Clerk EF)
Jul 02, 2026
Order on Motion for TRO
#9
Jul 23, 2026
RESPONSE to 8 ORDER to SHOW CAUSE by Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1 Bond Hearing Order, # 2 Exhibit 2 Bond Hearing WD)(Assaf, Nisreen) (Entered: 07/23/2026)
Main Document:
RESPONSE
#10
Jul 23, 2026
NOTICE of RELATED CASE(S) 1:26:-cv-03403-JLT-SAB by Warden, California City Correctional Center. (Assaf, Nisreen) (Entered: 07/23/2026)
Main Document:
Notice of Related Case
#11
Jul 28, 2026
TRAVERSE by David Nopal Ibarra. (Deputy Clerk SSA) (Entered: 07/28/2026)
Main Document:
Traverse
#12
Jul 28, 2026
BRIEF in Support of Petition for Writ of Habeas Corpus filed by David Nopal Ibarra. (Deputy Clerk SSA) (Entered: 07/28/2026)
Main Document:
BRIEF
#13
Aug 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Correctional Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/28/2026)
Main Document:
DESIGNATION
Parties
(HC) Ibarra
Party
Warden, California City Correctional Center
Party