Eastern District of California • 1:26-cv-06102

(HC) Rivero Garcia v. Warden

Active

Case Information

Filed: August 03, 2026
Assigned to: Daniel J. Calabretta
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
PETITION for WRIT of HABEAS CORPUS against Central Valley Annex Warden by Luis Alberto Rivero Garcia. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Luis Alberto Rivero Garcia. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document: In Forma Pauperis
#3
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Luis Alberto Rivero Garcia. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document: Temporary Restraining Order
#4
Aug 03, 2026
MOTION to APPOINT COUNSEL by Luis Alberto Rivero Garcia. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document: Appoint Counsel
#5
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document: Immigration New Case Documents
#6
Aug 04, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/4/2026: 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 August 10, 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: 08/04/2026)
#7
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Central Valley Annex Warden (Weger, Shelley) (Entered: 08/04/2026)
Main Document: DESIGNATION
Aug 04, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Luis Alberto Rivero Garcia. (Deputy Clerk VLK)
Aug 04, 2026
SERVICE BY MAIL: 6 Minute Order served on Luis Alberto Rivero Garcia. (Deputy Clerk GJM)
Aug 04, 2026
RECEIPT number 100009055 for $5.00 for filing fee from Luis Alberto Rivero Garcia. (Deputy Clerk VLK)
Aug 04, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 04, 2026
Service by Mail
#8
Aug 13, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/13/2026: On August 4, 2026, the Court ordered Respondents to file a response to the Petition for Writ of Habeas Corpus on or before August 10, 2026. (ECF No. 6 .) To date, Respondents have failed to comply with this Court's Order. Accordingly, Respondents shall file the required response no later than August 14, 2026. The Court may construe Respondents' failure to file a timely response as a non-opposition to Petitioner's motion. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/13/2026)
Aug 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 13, 2026
Service by Mail
Aug 13, 2026
SERVICE BY MAIL: 8 Minute Order served on Luis Alberto Rivero Garcia. (Deputy Clerk GJM)
#9
Aug 14, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus and OPPOSITION to 3 Motion for Temporary Restraining Order by Respondent Warden, Central Valley Annex . (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (RAP sheet), # 3 Exhibit 3 (notice to appear))(Weger, Shelley) Modified on 8/18/2026 (KLY). (Entered: 08/14/2026)
Main Document: RESPONSE
#10
Aug 14, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, 254 Taylor Ave., McFarland, CA 93250 by Luis Alberto Rivero Garcia. (Deputy Clerk DAR) (Entered: 08/17/2026)
Main Document: Notice of Change of Address
#11
Aug 14, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk DAR) (Entered: 08/17/2026)
Main Document: CONSENT/DECLINE

Parties

(HC) Rivero Garcia
Party
Warden
Party