Eastern District of California • 1:26-cv-05641

(HC) Aguero Arenas v. Warden, Mesa Verde Detention Facility

Active

Case Information

Filed: July 20, 2026
Assigned to: Dale Alan Drozd
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: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Jackson Enrique Aguero Arenas. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jackson Enrique Aguero Arenas. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: In Forma Pauperis
#3
Jul 20, 2026
MOTION to APPOINT COUNSEL by Jackson Enrique Aguero Arenas. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Appoint Counsel
Jul 21, 2026
RECEIPT number 100008902 for $5.00 for Enrique Aguero from The Geo Group Inc. (Deputy Clerk DAR)
#4
Jul 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Immigration New Case Documents
#5
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Mesa Verde Detention Facility (Rodriguez, Elisa) (Entered: 07/22/2026)
Main Document: DESIGNATION
Jul 22, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Jackson Enrique Aguero Arenas. (Deputy Clerk DAR)
Jul 22, 2026
Service by Mail
#6
Aug 28, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/28/2026. Petitioner, Jackson Enrique Aguero Arenas (A# 241-188-416), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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. The petition, liberally construed, asserts two violations of petitioner's due process rights: one based on his prolonged detention and another based on the revocation of his release. Respondent is directed to file a response within 7 days from the date of this order (see 28 U.S.C. § 2243), which shall substantively address whether there are any factual or legal issues that materially distinguish this case from the court's prior orders in Ayala Cajina v. Wofford, No. 1:25-cv-1566 DAD AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), Chavarria v. Chestnut, No. 1:25-cv-1755 DAD AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), Hernandez v. Warden, No. 1:26-cv-4378-DAD-SCR, 20226 WL 1696809 (E.D. Cal. June 11, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. 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 respondent disputes 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 respondent's response. Respondent shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/28/2026)
Aug 28, 2026
Service by Mail
Aug 28, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Aug 28, 2026
SERVICE BY MAIL: 6 Minute Order served on Jackson Enrique Aguero Arenas. (Deputy Clerk JAA)
#7
Sep 04, 2026
OPPOSITION by Respondent Warden, Mesa Verde Detention Facility to 1 Petition for Writ of Habeas Corpus. Attorney Hemesath, Audrey Benison added. (Attachments: # 1 I-213)(Hemesath, Audrey) (Entered: 09/04/2026)
Main Document: OPPOSITION
#8
Sep 29, 2026
NOTICE of APPEARANCE by Francisco Miguel Ugarte on behalf of Jackson Enrique Aguero Arenas. Attorney Ugarte, Francisco Miguel added. (Ugarte, Francisco) (Entered: 09/29/2026)
Main Document: Notice of Appearance
#9
Sep 30, 2026
MEMORANDUM by Jackson Enrique Aguero Arenas re 1 Petition for Writ of Habeas Corpus. (Deputy Clerk VLK) (Entered: 10/01/2026)
Main Document: MEMORANDUM
#10
Oct 09, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jackson Enrique Aguero Arenas. (Attachments: # 1 Declaration Authenticating Declaration of Counsel, # 2 Exh. A1 - NTA June 15, 2023, # 3 Exhibit A2 - Form I-213 issued June 3, 2023, # 4 Exhibit A3 - Declaration of Jackson Aguero Arenas, # 5 Exhibit A4 - Motion to Reopen Due to Health Condition, Nov. 21, 2025, # 6 Exh. A5 - IJ Order Granting MTR, Dec. 4, 2025, # 7 Exh. A6 - Transcript of Bond Hearing, Aug. 11, 2026, # 8 Proposed Order Proposed Order, # 9 TRO Checklist)(Ugarte, Francisco) (Entered: 10/09/2026)
Main Document: Temporary Restraining Order
#11
Oct 09, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 10/09/2026: Pending the issuance of the court's order resolving the pending 7 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging 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 exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 7 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 7 motion for temporary restraining order or a statement that they intend to rest on their 7 opposition by 5:00 PM on Tuesday, 10/13/2026. In that filing, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Text Only Entry). (Deputy Clerk CRN) (Entered: 10/09/2026)
Oct 09, 2026
Minute Order

Parties

(HC) Aguero Arenas
Party
Warden, Mesa Verde Detention Facility
Party