Eastern District of California • 1:26-cv-05661

(HC) Zurita Navarro v. Warden, Central Valley Annex Detention Facility

Completed

Case Information

Filed: July 20, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 10, 2026
Last Activity: August 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Joseph Kendell Zurita Navarro. (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 Joseph Kendell Zurita Navarro. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: In Forma Pauperis
#3
Jul 20, 2026
MOTION to APPOINT COUNSEL by Joseph Kendell Zurita Navarro. (Deputy Clerk DAR) (Entered: 07/22/2026)
Main Document: Appoint Counsel
#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, Central Valley Annex Detention Facility (Rodriguez, Elisa) (Entered: 07/22/2026)
Main Document: DESIGNATION
#6
Jul 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/22/2026 GRANTING 2 Motion for IFP, DEFERRING the ruling on 3 Motion for Appointment of Counsel and DIRECTING Respondent to SHOW CAUSE within 14 days why the Writ should not be granted. Petitioner may file a reply within 7 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. (Deputy Clerk SH) (Entered: 07/22/2026)
Main Document: Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Clear Flags
Jul 22, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Joseph Kendell Zurita Navarro. (Deputy Clerk DAR)
Jul 22, 2026
SERVICE BY MAIL: 6 Minute Order served on Joseph Kendell Zurita Navarro. (Deputy Clerk SH)
Jul 22, 2026
Service by Mail
#7
Aug 03, 2026
NOTICE of CHANGE of ADDRESS by Joseph Kendell Zurita Navarro. Address remains the same. (Deputy Clerk JPX) (Entered: 08/03/2026)
Main Document: Notice of Change of Address
#8
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Joseph Kendell Zurita Navarro. (Deputy Clerk VLK) (Entered: 08/03/2026)
Main Document: Temporary Restraining Order
#9
Aug 03, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 8/3/2026: Pending the issuance of the court's order resolving the pending 8 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 8 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 8 motion for temporary restraining order by 5:00 PM on Wednesday, 8/5/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in 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. (Deputy Clerk PAB) (Entered: 08/03/2026)
Aug 03, 2026
SERVICE BY MAIL: 9 Minute Order served on Joseph Kendell Zurita Navarro. (Deputy Clerk PAB)
Aug 03, 2026
Minute Order
Aug 03, 2026
Service by Mail
#10
Aug 05, 2026
REPLY by Warden, Central Valley Annex Detention Facility re 1 Petition for Writ of Habeas Corpus, 8 Motion for Temporary Restraining Order. (Rodriguez, Elisa) (Entered: 08/05/2026)
Main Document: REPLY
#11
Aug 10, 2026
ORDER signed by District Judge Dale A. Drozd on 8/9/26 GRANTING Petitioner's petition for writ of habeas corpus 1 . Respondent is ORDERED to immediately release petitioner Joseph Kendell Zurita Navarro, A-File No. 233-253-984, from respondent's custody on the conditions, if any, he was subject to prior to his detention on June 3, 2026; Respondent is ENJOINED AND RESTRAINED from re- detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner notice and a pre-detention hearing before an immigration judge, at which hearing the burden will be set in accordance with 8 U.S.C. § 1226(a) and its implementing regulations; Petitioner's motions for appointment of counsel and for a temporary restraining order 3, 8 are DENIED as having been rendered moot by this order granting habeas relief; The Clerk of the Court is directed to serve a copy of this order on the Central Valley Annex Detention Facility; and The Clerk of the Court is also directed to ENTER judgment in favor of petitioner and to close this case. CASE CLOSED. (cc: Central Valley Annex Detention Facility) (Deputy Clerk LMS) (Entered: 08/10/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#12
Aug 10, 2026
JUDGMENT dated *8/10/2026* pursuant to order signed by District Judge Dale A. Drozd on 8/9/26. (cc: Central Valley Annex Detention Facility) (Deputy Clerk LMS) (Entered: 08/10/2026)
Main Document: Judgment
Aug 10, 2026
SERVICE BY MAIL: 12 Judgment, 11 Order, served on Joseph Kendell Zurita Navarro. (Deputy Clerk LMS)
Aug 10, 2026
Service by Mail
Aug 27, 2026
MAIL RETURNED as Undeliverable, not deliverable as addressed, unable to forward, released 8/10/2026: 12 Judgment and 11 Order Terminate Civil Case sent to Joseph Kendell Zurita Navarro. (Deputy Clerk DAR)

Parties

(HC) Zurita Navarro
Party
Warden, Central Valley Annex Detention Facility
Party