Eastern District of California • 1:26-cv-05189
(HC) Garcia Ceron v. Warden, California City Detention Facility
Active
Case Information
Filed: July 06, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 19, 2026
Parties:
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Docket Entries
#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Jose Antonio Garcia Ceron. (Deputy Clerk AKP) (Entered: 07/08/2026)
#2
Jul 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jose Antonio Garcia Ceron. (Deputy Clerk AKP) (Entered: 07/08/2026)
Main Document:
In Forma Pauperis
#3
Jul 06, 2026
MOTION to APPOINT COUNSEL by Jose Antonio Garcia Ceron. (Deputy Clerk AKP) (Entered: 07/08/2026)
Main Document:
Appoint Counsel
#4
Jul 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/08/2026)
Main Document:
Immigration New Case Documents
#5
Jul 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/8/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/08/2026)
#6
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, California City Detention Facility (Davis, Sean) (Entered: 07/08/2026)
Main Document:
DESIGNATION
Jul 08, 2026
Minute Order
Jul 08, 2026
Service by Mail
Jul 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Antonio Garcia Ceron. (Deputy Clerk MDK)
Jul 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Antonio Garcia Ceron. (Deputy Clerk AKP)
#7
Jul 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/13/2026. Petitioner, Jose Antonio Garcia Ceron (A 216-316-784), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma pauperis. ECF Nos. 1, 2 . Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. Respondent is directed to show cause why the writ should not be granted by filing response within 7 days from the date of this order. See 28 U.S.C. § 2243. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/13/2026)
Jul 13, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Jul 13, 2026
SERVICE BY MAIL: 7 Minute Order served on Jose Antonio Garcia Ceron. (Deputy Clerk JAA)
Jul 13, 2026
Service by Mail
#8
Jul 20, 2026
RESPONSE by Warden, California City Detention Facility to 7 Minute Order,,,,, Order on Motion to Proceed in forma pauperis,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 213, # 2 Exhibit Crim docs, # 3 Exhibit NTA, # 4 Exhibit ECAS, # 5 Proof of Service)(Davis, Sean) (Entered: 07/20/2026)
#9
Jul 24, 2026
MOTION to VACATE 5 No-Transfer Order by Warden, California City Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Proof of Service) (Davis, Sean) (Entered: 07/24/2026)
#10
Jul 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/28/2026. Respondent filed a motion to vacate the no-transfer order, claiming petitioner is subject to a final order of removal because an immigration judge ordered him removed on July 21, 2026, and both parties waived appeal. ECF No. 9 . However, a removal order becomes final "only upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA's review of the order." Ocampo v. Holder, 629 F.3d 923, 926 (9th Cir. 2010) (citing 8 U.S.C. § 1101(a)(47)(B)); see also Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005) (The BIA and the Ninth Circuit retain jurisdiction to review whether a waiver of the right to appeal was done knowingly and intelligently.); In re Rodriguez-Diaz, 22 I. & N. Dec. 1320, 1322-23 (BIA 2000) (an appeal is properly before the BIA if the petitioner did not knowingly and intelligently waive his right to appeal). Accordingly, to allow the court to properly evaluate the applicable detention authority in this matter, petitioner SHALL file a notice indicating whether an appeal has been filed no later than August 20, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/28/2026)
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 10 Minute Order served on Jose Antonio Garcia Ceron. (Deputy Clerk JAA)
Jul 28, 2026
Minute Order
#11
Jul 29, 2026
MOTION for RECONSIDERATION re 10 Minute Order,,,,, by Warden, California City Detention Facility. (Attachments: # 1 Proof of Service)(Davis, Sean) (Entered: 07/29/2026)
#12
Sep 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/01/2026. A routine review of United States Immigration and Customs Enforcement's Online Detainee Locator System returns zero matching records for petitioner (A 216-316-784). This suggests petitioner is no longer in custody. As such, within 2 days from the date of this order, respondent shall file a status report informing the court whether petitioner remains in ICE custody. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/01/2026)
#13
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Detention Facility, attorney Sean Davis, GOVT terminated (Soto-Perez, Gabriel) (Entered: 09/01/2026)
Main Document:
DESIGNATION
#14
Sep 01, 2026
NOTICE of CUSTODY STATUS and MOTION to DISSOLVE Stay on Transfer by Warden, California City Detention Facility. (Attachments: # 1 Exhibit)(Soto-Perez, Gabriel) Modified on 9/4/2026 (HAH). (Entered: 09/01/2026)
Main Document:
Notice (Other)
Sep 01, 2026
Minute Order
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 12 Minute Order served on Jose Antonio Garcia Ceron. (Deputy Clerk JAA)
#15
Sep 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/02/2026. In response to 9 respondent's motion to vacate the no transfer order, the court issued a 10 minute order (1) explaining that "a removal order becomes final 'only upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA's review of the order'" and (2) ordering petitioner to "file a notice indicating whether an appeal has been filed no later than August 20, 2026." Respondent's filed a 11 motion for reconsideration of the court's 10 minute order. The time to file a response to the 10 court's minute order has passed and petitioner has not responded. Respondent has filed 14 a notice and motion (1) informing the court that petitioner remains in custody and Board of Immigration Appeals has not received an appeal and (2) renewing the motion to vacate the no transfer order. Through the EOIR automated case information system (ACIS), the court confirmed the date of petitioner's removal order and that no appeal has been received. Because the time to appeal expired on August 20, 2026, and no appeal appears to have been filed, respondent's motions to vacate the no transfer order [9, 14] are GRANTED, the no transfer order 5 is VACATED and respondent's motion for reconsideration 11 is DENIED as MOOT. Respondent shall inform the court of petitioner's departure from the United States within 3 days from his departure. Within 14 days from petitioner's departure, petitioner shall inform the court regarding his position on mootness. Failure to do so will result in the recommendation that this action be dismissed as moot. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/02/2026)
Sep 02, 2026
SERVICE BY MAIL: 15 Minute Order served on Jose Antonio Garcia Ceron. (Deputy Clerk JAA)
Sep 02, 2026
Minute Order AND Order on Motion for Reconsideration AND Order on Motion to Vacate
Sep 02, 2026
Service by Mail
#16
Sep 19, 2026
Notice (Other)
Main Document:
Notice (Other)
Parties
(HC) Garcia Ceron
Party
Warden, California City Detention Facility
Party