Eastern District of California • 1:26-cv-05608

(HC) Inciarte Olivero v. Acting Director, U.S. Immigration and Customs Enforcement

Active

Case Information

Filed: July 20, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, Acting Director, U.S. Immigration and Customs Enforcement by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document: Temporary Restraining Order
#3
Jul 20, 2026
MOTION to APPOINT COUNSEL by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document: Appoint Counsel
#4
Jul 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document: Immigration New Case Documents
#5
Jul 21, 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 #: 220-738-266) asserts that he has been detained since May 2, 2026 (Doc. 2 at 4). 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 21, 2026. (Deputy Clerk IM) (Entered: 07/21/2026)
#6
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Acting Director, U.S. Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office,Nisreen Fakhouri Assaf for Warden, Central Valley Annex (Assaf, Nisreen) (Entered: 07/21/2026)
Main Document: DESIGNATION
Jul 21, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk IM)
Jul 21, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX)
Jul 21, 2026
RECEIPT number 100008922 for $5.00 for Writ of Habeas Corpus from Petitioner. (Deputy Clerk JPX)
Jul 21, 2026
Order on Motion for TRO
Jul 21, 2026
Service by Mail
#7
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/28/2026: (Text Only Entry). In light of the judicial emergency and in order to conserve limited judicial resources, Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change. (Deputy Clerk WAK) (Entered: 07/28/2026)
Jul 28, 2026
Minute Order
Jul 28, 2026
SERVICE BY MAIL: 7 Minute Order, served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk WAK)
Jul 28, 2026
Service by Mail
#8
Jul 29, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/29/2026: (Text Only Entry). The Court rescinds its minute order dated [July 28, 2026]: "Respondents SHALL have an affirmative duty to inform the Court of any change to the claimed detention authority or custody status of Petitioner within THREE (3) days of any such change." (Deputy Clerk WAK) (Entered: 07/29/2026)
Jul 29, 2026
Service by Mail
Jul 29, 2026
Minute Order
Jul 29, 2026
SERVICE BY MAIL: 8 Minute Order, served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk WAK)
#9
Aug 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Acting Director, U.S. Immigration and Customs Enforcement,Gabriel Andres Soto-Perez for Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office,Gabriel Andres Soto-Perez for Warden, Central Valley Annex, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/08/2026)
Main Document: DESIGNATION
#10
Aug 08, 2026
RESPONSE by Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, Warden, Central Valley Annex to 5 Order on Motion for TRO,,,,,, 1 Petition for Writ of Habeas Corpus,. (Soto-Perez, Gabriel) (Entered: 08/08/2026)
Main Document: RESPONSE
#11
Aug 18, 2026
MOTION to ENFORCE JUDGMENT Court-Ordered Briefing Schedule, Require Prompt Response, and Request Expedited Consideration of Petition of Writ of Habeas Corpus by Flavio Octaviano Inciarte Olivero. (Deputy Clerk ED) (Entered: 08/18/2026)
Main Document: Enforce Judgment
#12
Aug 19, 2026
MINUTE ORDER (Text Only Entry) To resolve the pending matter, the Court believes it requires that the record be supplemented with any Form I-213 prepared in connection with Petitioner's detention and any other documentation related to his immigration and/or criminal history. Thus, on or before Friday, August 21, 2026, Respondents are directed to supplement the record with that material signed by District Judge Jennifer L. Thurston on August 19, 2026. (Deputy Clerk IM) (Entered: 08/19/2026)
Aug 19, 2026
SERVICE BY MAIL: 12 Minute Order served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk IM)
Aug 19, 2026
Service by Mail
Aug 19, 2026
Minute Order
#13
Aug 20, 2026
NOTICE OF COMPLIANCE re 12 Minute Order, by Acting Director, U.S. Immigration and Customs Enforcement, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, Warden, Central Valley Annex. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Soto-Perez, Gabriel) (Entered: 08/20/2026)
Main Document: Notice of Compliance
Aug 24, 2026
Service by Mail
Aug 24, 2026
Minute Order

Parties

Acting Director, U.S. Immigration and Customs Enforcement
Party
(HC) Inciarte Olivero
Party