Eastern District of California • 1:26-cv-05819

#1

Jul 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Oscar Oxmar Marquez Avila. (Deputy Clerk DAR) (Entered: 07/28/2026)

#2

Jul 27, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Oscar Oxmar Marquez Avila. (Deputy Clerk DAR) (Entered: 07/28/2026)

#3

Jul 27, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Oscar Oxmar Marquez Avila. (Deputy Clerk DAR) (Entered: 07/28/2026)

#4

Jul 27, 2026

MOTION to APPOINT COUNSEL by Oscar Oxmar Marquez Avila. (Deputy Clerk DAR) (Entered: 07/28/2026)

#5

Jul 27, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/28/2026)

Jul 27, 2026

RECEIPT number 100008966 for $5.00 from Oscar Oxmar Marquez Avila. (Deputy Clerk DAR)

#6

Jul 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Facility (Rodriguez, Elisa) (Entered: 07/28/2026)

#7

Jul 28, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/28/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 31, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This 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 ORDER] (Deputy Clerk GJM) (Entered: 07/28/2026)

Jul 28, 2026

Service by Mail

Jul 28, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Oscar Oxmar Marquez Avila. (Deputy Clerk DAR)

Jul 28, 2026

SERVICE BY MAIL: 7 Minute Order served on Oscar Oxmar Marquez Avila. (Deputy Clerk GJM)

Jul 28, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#8

Jul 31, 2026

ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by Respondent Warden, California City Detention Facility. (Rodriguez, Elisa) Modified on 8/5/2026 (KS). (Entered: 07/31/2026)

#9

Aug 10, 2026

RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/10/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner OSCAR OXMAR MARQUEZ AVILA (A# 203-463-460) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Detention Facility with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM) (Entered: 08/10/2026)

#10

Aug 10, 2026

JUDGMENT dated *8/10/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/10/2026. (Deputy Clerk GJM) (Entered: 08/10/2026)

Aug 10, 2026

SERVICE BY MAIL: 9 Release Order, 10 Judgment served on Oscar Oxmar Marquez Avila. (Deputy Clerk GJM)

Aug 10, 2026

MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 5 Immigration New Case Documents sent to Oscar Oxmar Marquez Avila. (Deputy Clerk DAR)

Aug 10, 2026

Service by Mail

#11

Aug 14, 2026

NOTICE OF COMPLIANCE by Warden, California City Detention Facility. (Rodriguez, Elisa) Modified on 8/17/2026 (HAH). (Entered: 08/14/2026)