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

(HC) Fandino-Morejon v. Warden, Central Valley Annex

Active

Case Information

Filed: August 12, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 19, 2026
Parties: View All Parties →

Docket Entries

#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)
Main Document: Petition for Writ of Habeas Corpus
#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)
Main Document: Miscellaneous Relief
#3
Aug 12, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/12/2026)
Main Document: Immigration New Case Documents for Visiting Judge
#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)
Main Document: DESIGNATION
#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
Dismiss
Main Document: Dismiss
Aug 19, 2026
Minute Order
Aug 19, 2026
Service by Mail

Parties

(HC) Fandino-Morejon
Party
Warden, Central Valley Annex
Party