Eastern District of California • 1:26-cv-05644

(HC) Fasquelle-Argueta v. Warden, California City Immigration Processing Center

Active

Case Information

Filed: July 20, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Jose Fasquelle-Argueta. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Petition for Writ of Habeas Corpus
Jul 21, 2026
RECEIPT number 100008912 for $5.00 from Jose Fasquelle. (Deputy Clerk DAR)
#2
Jul 22, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Immigration New Case Documents
#3
Jul 22, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/22/2026: 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 MCF) (Entered: 07/22/2026)
#4
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Immigration Processing Center (Rodriguez, Elisa) (Entered: 07/22/2026)
Main Document: DESIGNATION
Jul 22, 2026
Service by Mail
Jul 22, 2026
SERVICE BY MAIL: 3 Minute Order served on Jose Fasquelle-Argueta. (Deputy Clerk MCF)
Jul 22, 2026
Minute Order
Jul 22, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Jose Fasquelle-Argueta. (Deputy Clerk DAR)
#5
Jul 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/23/2026: Petitioner (A No. 245 190 223) has filed a petition for writ of habeas corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within 14 (fourteen) 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 to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@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 ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/23/2026)
Jul 23, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 23, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Fasquelle-Argueta. (Deputy Clerk LMK)
Jul 23, 2026
Service by Mail
#6
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/6/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 5. Attorney Cara Jobson is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Cara Jobson, P.O. Box 459, Berkeley, CA 94701, 415-627-9161, cara@wileyjobson.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#7
Aug 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/7/2026: Petitioner is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 245 190 223. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/07/2026)
Aug 07, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Aug 11, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Jose Fasquelle-Argueta. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Jobson, Cara) Modified on 8/13/2026 (HAH). (Entered: 08/11/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#9
Aug 11, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Fasquelle-Argueta. (Attachments: # 1 TRO Checklist, # 2 Proposed Order)(Jobson, Cara) (Entered: 08/11/2026)
Main Document: Temporary Restraining Order
#10
Aug 12, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/12/2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 9 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025); Navjot S. v. Warden of the Golden State Annex Det. Facility, No. 1:26-CV-00311-TLN-CSK, 2026 WL 370140, at *2-4 (E.D. Cal. Feb. 10, 2026); H.F. v. Albarran, No. 1:25-CV-01795-TLN-EFB, 2025 WL 3691081, at *2-6 (E.D. Cal. Dec. 19, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 9 .) To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 245-190-223 ) under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents show by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Respondents shall file a notice of compliance with this Order by August 13, 2026. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. The Clerk of the Court is directed to serve the California City Detention Facility with a copy of this Order. This matter is REFERRED back to the assigned Magistrate Judge for briefing and a ruling on the First Amended Petition. SO ORDERED. (Text Only Entry) (Deputy Clerk RAA) (Entered: 08/12/2026)
#11
Aug 12, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/12/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 8 Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. Petitioner may file a reply within 14 (fourteen) days of service of the response. Petitioner A No. 245 190 223. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/12/2026)
Aug 12, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 12, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Aug 13, 2026
NOTICE OF COMPLIANCE with 10 Minute Order by Warden, California City Immigration Processing Center. (Rodriguez, Elisa) Modified on 8/19/2026 (KS). (Entered: 08/13/2026)
Main Document: Notice of Compliance
#13
Aug 26, 2026
RESPONSE by Warden, California City Immigration Processing Center to 8 Amended Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 08/26/2026)
Main Document: RESPONSE

Parties

(HC) Fasquelle-Argueta
Party
Warden, California City Immigration Processing Center
Party