Eastern District of California • 1:26-cv-06417

#1

Aug 12, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas, Caleb Vitello, Warden, Central Valley Annex by Victor Manuel Fandino-Morejon. (Deputy Clerk SZ) (Entered: 08/12/2026)

#2

Aug 12, 2026

MOTION for Immediate Release or, in the Alternative, for a Bond Hearing by Victor Manuel Fandino-Morejon. (Deputy Clerk SZ) (Entered: 08/12/2026)

#3

Aug 12, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/12/2026)

#4

Aug 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Alejandro Mayorkas,Anthony Andrews for Caleb Vitello,Anthony Andrews for Warden, Central Valley Annex (Andrews, Anthony) (Entered: 08/12/2026)

#5

Aug 12, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, and Motion for Immediate Release Or, In the Alternative, For a Bond Hearing, ECF No. 2 . Under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. Given the court's ongoing consideration of Petitioner's Petition and Motion, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 08/12/2026)

Aug 12, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Victor Manuel Fandino-Morejon. (Deputy Clerk AB)

Aug 12, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Victor Manuel Fandino-Morejon. (Deputy Clerk SZ)

Aug 12, 2026

RECEIPT number 100009205 for $5.00 for Victor Manuel Fandino-Morejon from Victor Manuel Fandino-Morejon. (Deputy Clerk SZ)

Aug 12, 2026

Minute Order

Aug 12, 2026

Service by Mail

#6

Aug 19, 2026

MOTION to DISMISS by Alejandro Mayorkas, Caleb Vitello, Warden, Central Valley Annex. (Andrews, Anthony) (Entered: 08/19/2026)

#7

Aug 19, 2026

EO: The court has received and reviewed Respondents' 6 Motion to Dismiss Petition for Writ of Habeas Corpus and Opposition to Relief. The court thanks Respondents for their timely response, and requests that the government address two additional questions. By August 21, 2026, Respondents are ORDERED to provide answers in writing to the following two questions: 1. Was Petitioner ever detainedandreleased by immigration authorities prior to his October 20, 2025 arrest by ICE? Iftheanswer is yes, what werethecircumstances of that release,andarethere any factual or legal bases to distinguish this case fromthemany prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Nepal S. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-06126-MWJS, 2026 WL 2363564 (E.D. Cal. Aug. 13, 2026); Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.F.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 2. Given the government's acknowledgement that Petitioner is detained pursuant to Section 1226(a), see ECF No. 6, at pg. 3, does the government oppose Petitioner being granted a bond hearing pursuant to that statute and its governing regulations? IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 08/19/2026)

Aug 19, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Victor Manuel Fandino-Morejon. (Deputy Clerk AB)

Aug 19, 2026

Minute Order

Aug 19, 2026

Service by Mail

#8

Aug 21, 2026

RESPONSE by Alejandro Mayorkas, Caleb Vitello, Warden, Central Valley Annex to 7 Minute Order,,,,,,. (Andrews, Anthony) (Entered: 08/21/2026)

#9

Aug 25, 2026

ORDER signed by District Judge Micah W.J. Smith on 8/25/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Victor Manuel Fandino-Morejon (A# 241-713-991) from custody under the same conditions he was released prior to his current detention. Respondents must file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this Order. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: ICE - Central Valley Annex) CASE CLOSED. (Deputy Clerk AB) (Entered: 08/25/2026)

#10

Aug 25, 2026

JUDGMENT dated *8/25/2026* pursuant to Dkt. No. 9 Order signed by District Judge Micah W. J. Smith on 8/25/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 08/25/2026)

Aug 25, 2026

SERVICE BY MAIL: A copy of Dkt. No. 9 Order, and Dkt. No. 10 Judgment, was served on Victor Manuel Fandino-Morejon. (Deputy Clerk AB)

Aug 25, 2026

Service by Mail

#11

Aug 27, 2026

NOTICE OF COMPLIANCE by Alejandro Mayorkas, Caleb Vitello, Warden, Central Valley Annex. (Andrews, Anthony) (Entered: 08/27/2026)

Sep 09, 2026

MAIL RETURNED as Undeliverable, Unable to Forward: 9 Order, 10 Judgment sent to Victor Manuel Fandino-Morejon. Notice of Change of Address due by 10/19/2026. (Deputy Clerk CRN)