Eastern District of California • 1:26-cv-05032

(HC) Bueno Capote v. Warden, California City Correctional Center

Active

Case Information

Filed: June 30, 2026
Assigned to: Dale Alan Drozd
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Didier Bueno Capote. [$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 Didier Bueno Capote. (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 (Text Only Entry) signed by District Judge Dale A. Drozd on 7/1/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, 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, 7/2/2026. 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. (Deputy Clerk PAB) (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
Jul 01, 2026
Minute Order
Jul 01, 2026
SERVICE BY MAIL: 4 Minute Order served on Didier Bueno Capote. (Deputy Clerk PAB)
Jul 01, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Didier Bueno Capote. (Deputy Clerk AKP)
Jul 01, 2026
RECEIPT number 200019783 for $5.00 filing fee from Didier Bueno Capote. (Deputy Clerk KML)
Jul 01, 2026
Service by Mail
#6
Jul 03, 2026
Extension of Time
Main Document: Extension of Time
#7
Jul 03, 2026
Notice of Related Case
Main Document: Notice of Related Case
#9
Jul 07, 2026
Order on Motion for Extension of Time AND Order to Show Cause
Main Document: Order on Motion for Extension of Time AND Order to Show Cause
Jul 07, 2026
Service by Mail
Jul 07, 2026
Minute Order
Jul 08, 2026
Service by Mail
Jul 08, 2026
Minute Order
#14
Jul 09, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
Jul 09, 2026
Order on Motion for TRO
Jul 09, 2026
Service by Mail

Parties

(HC) Capote
Party
Warden, California City Correctional Center
Party