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

#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)

#2

Jun 30, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Didier Bueno Capote. (Deputy Clerk AKP) (Entered: 07/01/2026)

#3

Jul 01, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/01/2026)

#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)

Jul 01, 2026

Minute Order

Jul 01, 2026

Service by Mail

Jul 01, 2026

RECEIPT number 200019783 for $5.00 filing fee from Didier Bueno Capote. (Deputy Clerk KML)

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)

#6

Jul 03, 2026

MOTION for EXTENSION OF TIME until 7/12/2026 to RESPOND to 1 Petition for Writ of Habeas Corpus by Warden, California City Correctional Center. (Assaf, Nisreen) (Entered: 07/03/2026)

#7

Jul 03, 2026

NOTICE of RELATED CASE(S) 1:26-CV-03168-JLT-EPG by Warden, California City Correctional Center. (Assaf, Nisreen) (Entered: 07/03/2026)

#8

Jul 06, 2026

MOTION to DISMISS 1 Petition for Writ of Habeas Corpus and OPPOSITION to 2 Motion for Temporary Restraining Order by Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Assaf, Nisreen) Modified on 7/13/2026 (KS). (Entered: 07/06/2026)

#9

Jul 07, 2026

ORDER signed by District Judge Dale A. Drozd on 7/6/26 DENYING 6 Motion for Extension of Time. Respondent is ORDERED to SHOW CAUSE in writing by no later than noon on 7/8/2026 why the petition should not be summarily granted in light of respondent's failure to comply with this court's orders and failure to timely oppose petitioner's petition or motion for temporary restraining order. (Deputy Clerk JAW) (Entered: 07/07/2026)

#10

Jul 07, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 7/7/2026: On 7/6/2026, the court issued a 9 order to show cause why the petition should not be granted due to respondent's failure to file a timely opposition to petitioner's 2 motion for temporary restraining order. That order was subsequently docketed on 7/7/2026. On 7/6/2026, respondent filed an opposition to petitioner's 2 motion for temporary restraining order. In light of this filing, the court DISCHARGES the 9 order to show cause. (Deputy Clerk PAB) (Entered: 07/07/2026)

Jul 07, 2026

Service by Mail

Jul 07, 2026

Minute Order

Jul 07, 2026

SERVICE BY MAIL: 9 Order to Show Cause served on Didier Bueno Capote. (Deputy Clerk JAW)

#11

Jul 08, 2026

MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action 1:26-cv-05032-DAD-CSK is related to Case No. 1:26-cv-03168-JLT-EPG 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-05032-DAD-CSK is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on July 8, 2026. (Deputy Clerk IM) (Entered: 07/08/2026)

#12

Jul 08, 2026

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. The new case number is: 1:26-cv-05032-JLT-EPG. (Deputy Clerk CM) (Entered: 07/08/2026)

#14

Jul 08, 2026

MOTION to Deem Petition Unopposed and Request for Immediate Ruling by Didier Bueno Capote. (Deputy Clerk LJB) (Entered: 07/09/2026)

Jul 08, 2026

SERVICE BY MAIL: 10 Minute Order served on Didier Bueno Capote. (Deputy Clerk KS)

Jul 08, 2026

SERVICE BY MAIL: 11 Minute Order served on Didier Bueno Capote. (Deputy Clerk IM)

Jul 08, 2026

Service by Mail

Jul 08, 2026

Minute Order

Jul 08, 2026

SERVICE BY MAIL: 12 Clerk's Notice Reassigning Case served on Didier Bueno Capote. (Deputy Clerk CM)

#13

Jul 09, 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 (A File #: 232-481-919) asserts that he has been detained since January 25, 2026 (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 9, 2026. (Deputy Clerk IM) (Entered: 07/09/2026)

Jul 09, 2026

Order on Motion for TRO

Jul 09, 2026

Service by Mail

Jul 09, 2026

SERVICE BY MAIL: 13 Minute Order on Motion for TRO served on Didier Bueno Capote. (Deputy Clerk IM)

#15

Jul 10, 2026

RESPONSE by Warden, California City Correctional Center to 13 Order on Motion for TRO,,,,,,. (Attachments: # 1 Exhibit 1- IJ Bond denial, # 2 Exhibit 2- IJ Merit Removal, # 3 Exhibit 3 - IJ Bond denial 2, # 4 Proof of Service)(Assaf, Nisreen) (Entered: 07/10/2026)

#16

Jul 16, 2026

MOTION to Dismiss and OPPOSITION to 2 Motion for Temporary Restraining Order by Didier Bueno Capote. (Deputy Clerk LJB) (Entered: 07/17/2026)

#17

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)

#18

Aug 31, 2026

MOTION for TEMPORARY RESTRAINING ORDER; Memorandum of Points and Authorities by Didier Bueno Capote. (Deputy Clerk ED) (Entered: 09/01/2026)

#19

Sep 01, 2026

MINUTE ORDER (Text Entry Only) The Court has read and considered Petitioner's second request for temporary restraining order (Doc. 18). He has been held in custody since January 2026 and he was provided a bond hearing on June 6, 2026, after which the Immigration Judge determined that he would be retained in custody based upon a risk of flight. His petition in this matter (Doc. 1) was filed more than two months ago, and his prior petition was filed in April 2026 (Doc. 1 at 1). He bases his current request on the passage of time. However, in light of the relatively recent bond hearing, the Court cannot find that Petitioner is likely to succeed on the merits of his petition. Thus, the motion for temporary restraining order (Doc. 18) is DENIED signed by District Judge Jennifer L. Thurston on September 1, 2026. (Deputy Clerk IM) (Entered: 09/01/2026)

Sep 01, 2026

SERVICE BY MAIL: 19 Minute Order on Motion for TRO served on Didier Bueno Capote. (Deputy Clerk IM)

Sep 01, 2026

Order on Motion for TRO

Sep 01, 2026

Service by Mail

#20

Oct 15, 2026

FINDINGS AND RECOMMENDATION To Deny 1 Petition for Writ of Habeas Corpus Order Denying Petitioner's Motion to Deem Petition Unopposed and Request for Immediate Ruling, signed by Magistrate Judge Erica P. Grosjean on 10/15/2026. Referred to Judge Thurston. Objections to F&R due within 14 days. (Deputy Clerk ED)

Oct 15, 2026

Service by Mail