Eastern District of California • 1:26-cv-05106
(HC) Mirasol Morales v. Murray
Active
Case Information
Filed: July 03, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 06, 2026
Parties:
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Docket Entries
#1
Jul 03, 2026
PETITION for WRIT of HABEAS CORPUS against All Defendants by Nicolas Daniel Mirasol Morales. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet for Habeas Petition)(Preciado, Jazmin) (Entered: 07/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Nicolas Daniel Mirasol Morales. (Attachments: # 1 Declaration, # 2 TRO Checklist, # 3 Proposed Order re TRO, # 4 Proposed Order re Bond)(Preciado, Jazmin) Modified on 7/3/2026 (JJD). (Entered: 07/03/2026)
Main Document:
Temporary Restraining Order
#3
Jul 03, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JJD) (Entered: 07/03/2026)
Main Document:
Immigration New Case Documents
Jul 03, 2026
PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-13539440. (Preciado, Jazmin)
#4
Jul 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Todd Blanche,Elisa M. Rodriguez for Orestes Cruz,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for Ron Murray,Elisa M. Rodriguez for David J. Venturella (Rodriguez, Elisa) (Entered: 07/06/2026)
Main Document:
DESIGNATION
#5
Jul 06, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/6/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. 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."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 9, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before July 10, 2026. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/06/2026)
#6
Jul 06, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/6/2026: In filing the Motion for Temporary Restraining Order, Counsel for Petitioner certified under Fed. R. Civ. P. 11 that the motion was an emergency. While any alleged unlawful detention is cause for serious concern, this case reflects a fact pattern that is common in the more than 650 habeas cases filed in this district each month, and a designation of each of them as an "emergency" would prevent the Court from responding to true emergencies, such as when a Petitioner is imminently being transferred to a third party country, at which point the Court could lose jurisdiction. Counsel is cautioned that any future filings that are erroneously designated as requiring emergency after-hours action may result in sanctions under Rule 11. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/06/2026)
Jul 06, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 06, 2026
Minute Order
Parties
(HC) Mirasol Morales
Party
Murray
Party