Eastern District of California • 1:26-cv-05642

#1

Jul 20, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Mirlandy Lima Garcia. (Deputy Clerk AKP) (Entered: 07/20/2026)

#2

Jul 20, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Mirlandy Lima Garcia. (Deputy Clerk AKP) (Entered: 07/20/2026)

#3

Jul 20, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Mirlandy Lima Garcia. (Deputy Clerk AKP) (Entered: 07/20/2026)

#4

Jul 20, 2026

MOTION to APPOINT COUNSEL by Mirlandy Lima Garcia. (Deputy Clerk AKP) (Entered: 07/20/2026)

#5

Jul 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/20/2026)

#6

Jul 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, Central Valley Annex Detention Facility (Davis, Sean) (Entered: 07/20/2026)

Jul 20, 2026

Service by Mail

Jul 20, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Mirlandy Lima Garcia. (Deputy Clerk AKP)

#7

Jul 21, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/21/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. In that Motion, Petitioner states she was detained on 2/12/2026, more than 5 months before filing that Motion. Petitioner does not explain why she did not seek injunctive relief sooner. Notably, Local Rule 231(b) states: "In considering a motion for a temporary restraining order, the Court will consider whether the applicant could have sought relief by motion for preliminary injunction at an earlier date without the necessity for seeking last-minute relief by motion for temporary restraining order." Because Petitioner's 2 Motion for a Temporary Restraining Order is untimely, the court will CONVERT that Motion to a 2 Motion for Preliminary Injunction. Further, the court has previously addressed the legal issues raised by the Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Preliminary Injunction. 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."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Preliminary Injunction by 12:00 PM on 7/23/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 8/6/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The 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 Entry) (Deputy Clerk CRS) (Entered: 07/21/2026)

Jul 21, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Mirlandy Lima Garcia. (Text Only Entry) (Deputy Clerk CRS)

Jul 21, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Jul 21, 2026

Service by Mail

#8

Jul 23, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and RESPONSE to 2 Motion for Temporary Restraining Order by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proof of Service) (Davis, Sean) Modified on 8/7/2026 (KS). (Entered: 07/23/2026)

#9

Jul 27, 2026

NOTICE of ERRATA re 1 Petition for Writ of Habeas Corpus by Mirlandy Lima Garcia. (Deputy Clerk JAW) (Entered: 07/28/2026)

#10

Jul 30, 2026

NOTICE OF SUBMISSION of supporting documents fbo Mirlandy Lima Garcia by next friend Kirenai Soca Fajardo. (Deputy Clerk RRB) (Entered: 08/03/2026)

#11

Jul 31, 2026

TRAVERSE/REPLY by Mirlandy Lima Garcia. (Deputy Clerk JAW) Modified on 8/7/2026 (KS). (Entered: 08/03/2026)

#12

Aug 07, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/7/2026: In Respondents' 8 Opposition to Petitioner's 2 Motion for a Temporary Restraining Order, Respondents contend that Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) due to his conviction for credit card fraud and related fraud charges. Respondents attach Petitioner's [8-2] Judgment confirming that conviction. Respondents additionally note that Petitioner previously litigated these claims in a [8-3] Habeas Petition filed in the United States District Court for the Middle District of Florida where the court found that Petitioner's continued detention was lawful. Finally, Respondents note that, in response to Petitioner's Motion to Terminate Removal Proceedings, an Immigration Judge issued an [8-4] Order finding that Petitioner's conviction "is categorically a [crime involving moral turpitude]" under the Immigration and Nationality Act. The court agrees with that analysis. Under 8 U.S.C. § 1226(c)(1)(A), noncitizens convicted of crimes of moral turpitude are subject to mandatory detention. 8 U.S.C. § 1226(c)(1)(A); 8 U.S.C. § 1182(a)(2). The Supreme Court has held that mandatory detention under that statute passes constitutional muster. See Demore v. Kim, 538 U.S. 510 (2003). Further, Petitioner has not been detained in excess of six months such that his detention may have grown constitutionally prolonged. See Zadvydas v. Davis, 533 U.S. 678 (2001). Accordingly, Petitioner's 2 Motion for a Temporary Restraining Order is DENIED. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/07/2026)

Aug 07, 2026

Service by Mail

Aug 07, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 12, served on Mirlandy Lima Garcia. (Text Only Entry) (Deputy Clerk CRS)

Aug 07, 2026

Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings

#13

Aug 12, 2026

ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/12/2026 GRANTING 3 Petitioner's Motion to Proceed IFP; DENYING 4 Petitioner's Motion to Appoint Counsel and RECOMMENDING that Petitioner's application for a writ of habeas corpus 1 be GRANTED. Respondents be ordered to commence a constitutionally adequate bond hearing before an immigration judge within 14 days. At the hearing, the government shall bear the burden of justifying petitioner's continued detention by clear and convincing evidence. Respondents be further directed to file a notice certifying compliance with the above provision within 7 days from the date of the bond hearing. If petitioner is granted release on bond, respondents shall return all of petitioner's documents and possessions. These Findings and Recommendations are submitted to U.S. District Judge Dena M. Coggins; Objections to these F&Rs due within seven days. (Deputy Clerk LMS) (Entered: 08/12/2026)

#14

Aug 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, Central Valley Annex Detention Facility, attorney Sean Davis, GOVT terminated (Davis, Sean) (Entered: 08/12/2026)

Aug 12, 2026

Service by Mail

Aug 12, 2026

SERVICE BY MAIL: 13 Order, served on Mirlandy Lima Garcia. (Deputy Clerk LMS)

#15

Aug 18, 2026

OBJECTIONS to 13 FINDINGS and RECOMMENDATIONS by Respondent Warden, Central Valley Annex Detention Facility. (Harman, Joseph) Modified on 8/21/2026 (HAH). (Entered: 08/18/2026)

Sep 04, 2026

Service by Mail

#16

Sep 17, 2026

Notice of Related Case

Sep 18, 2026

Minute Order

Sep 18, 2026

Service by Mail