Eastern District of California • 1:26-cv-05164

#1

Jul 06, 2026

PETITION for WRIT of HABEAS CORPUS against Secretary of Homeland Security by Francisco Rodriguez. (Deputy Clerk DAR) (Entered: 07/08/2026)

Jul 06, 2026

RECEIPT number 100008703 for $5.00 from Francisco Rodriguez. (Deputy Clerk DAR)

#2

Jul 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/08/2026)

#3

Jul 08, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Secretary of Homeland Security (Davis, Sean) (Entered: 07/08/2026)

#4

Jul 08, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/8/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in Count 1 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ORDERED TO SHOW CAUSE on or before July 13, 2026, as to why the Court should not grant a writ of habeas corpus as to Count 1 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents identify 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. 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: 07/08/2026)

Jul 08, 2026

SERVICE BY MAIL: 4 Minute Order served on Francisco Rodriguez. (Deputy Clerk GJM)

Jul 08, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 08, 2026

Service by Mail

Jul 08, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Francisco Rodriguez. (Deputy Clerk DAR)

#5

Jul 13, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Secretary of Homeland Security. (Attachments: # 1 Exhibit 213, # 2 Exhibit Crim Docs, # 3 Exhibit Detainer, Warrant, NTA, # 4 Proof of Service)(Davis, Sean) Modified on 7/17/2026 (HAH). (Entered: 07/13/2026)

#6

Jul 15, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/15/2026: On July 6, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. (ECF No. 1 .) Based on the information in the Petition, the Court determined that it appeared Petitioner was entitled to relief and ordered a return pursuant to 8 U.S.C. § 2243. (ECF No. 4 .) Based on the information in the return, it is no longer clear that Petitioner is entitled to relief as required by 8 U.S.C. § 2243, as he may be subject to mandatory detention under 8 U.S.C. § 1226(c). (See ECF No. 5 .) However, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. This matter is REFERRED to the assigned Magistrate Judge for full briefing. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ENTRY] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 07/15/2026)

Jul 15, 2026

SERVICE BY MAIL: 6 Minute Order served on Francisco Rodriguez. (Deputy Clerk GJM)

Jul 15, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 15, 2026

Service by Mail

#7

Jul 20, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/20/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 6. Attorney Samuel Brooke is hereby APPOINTED Pro Hac Vice as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Samuel Brooke, 817 South Court Street, Montgomery, AL 36104, (334) 834-2099, Samuel_Brooke@fd.org as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/20/2026)

Jul 20, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys

#8

Aug 26, 2026

MOTION to STAY by Francisco Rodriguez. (Brooke, Samuel) (Entered: 08/26/2026)

#9

Aug 27, 2026

FINDINGS and RECOMMENDATIONS (Text Only): Petitioner (A No. 087 515 616) concedes that his detention by ICE is now lawful by entry of a final order of removal entered July 27, 2026. He asks that that this matter be stayed in case detention becomes unlawful once the 90-day removal period identified in in 8 U.S.C. § 1231 runs. Since the claims that are before the court are now moot and there is no basis to grant habeas relief before the court, IT IS HEREBY RECOMMENDED that the 1 Petition before the court be DISMISSED and Petitioner's 8 Motion for a Stay be denied. If Petitioner's detention becomes unlawful at some point based upon facts arising in the future, Petitioner's recourse is to file a separate Petition for Writ of Habeas Corpus. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 (fourteen) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within 14 (fourteen) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk LMK) (Entered: 08/27/2026)

Aug 27, 2026

Findings and Recommendations

#10

Sep 01, 2026

OBJECTIONS to 9 FINDINGS and RECOMMENDATIONS by Petitioner Francisco Rodriguez. (Brooke, Samuel) (Entered: 09/01/2026)

#11

Sep 28, 2026

ORDER signed by District Judge Daniel J. Calabretta on 09/25/26 ADOPTING 9 Findings and Recommendations IN FULL. The 1 Petition before the court is DISMISSED and 8 Motion for Stay is DENIED. CASE CLOSED. (Deputy Clerk KML)

#12

Sep 28, 2026

Judgment