Eastern District of California • 1:26-cv-05078

(HC) Benitez v. Wofford

Active

Case Information

Filed: July 01, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Markwayne Mullin, David Venturella, Minga Wofford by Jose Antonio Benitez. (Filing fee $ 5, receipt number ACAEDC-13532565) (Attachments: # 1 Civil Cover Sheet)(Chan, Connie) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Antonio Benitez. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Proposed Order)(Chan, Connie) (Entered: 07/01/2026)
Main Document: Temporary Restraining Order
#3
Jul 02, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 07/02/2026)
Main Document: Immigration New Case Documents
#4
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 (A File #: 095-084-959) asserts that he has been detained since March 3, 2026 (Doc. 2-1 at 7), nearly 4 months ago. 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)
#5
Jul 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Todd Blanche,Anthony Andrews for Markwayne Mullin,Anthony Andrews for David Venturella,Anthony Andrews for Minga Wofford (Andrews, Anthony) (Entered: 07/02/2026)
Main Document: DESIGNATION
Jul 02, 2026
Order on Motion for TRO

Parties

(HC) Benitez
Party
Wofford
Party