Eastern District of California • 1:26-cv-06637

#1

Aug 20, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Hector Leonol Guerra Ochoa. (Deputy Clerk DAR) (Entered: 08/21/2026)

#2

Aug 20, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Hector Leonol Guerra Ochoa. (Deputy Clerk DAR) (Entered: 08/21/2026)

#3

Aug 20, 2026

MOTION to APPOINT COUNSEL by Hector Leonol Guerra Ochoa. (Deputy Clerk DAR) (Entered: 08/21/2026)

#4

Aug 21, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 08/21/2026)

#5

Aug 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Mesa Verde Detention Facility (Weger, Shelley) (Entered: 08/21/2026)

Aug 21, 2026

Service by Mail

Aug 21, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Hector Leonol Guerra Ochoa. (Deputy Clerk DAR)

#6

Aug 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/24/2026. Petitioner, Hector Leonol Guerra Ochoa (A 079-208-538), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. Respondents are directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Cobis-Gamboa v. Warden, California City ICE Det. Facility, No. 2:26-cv-0658 DC CKD, 2026 WL 1815504 (E.D. Cal. June 24, 2026), Singh v. Warden, California City Det. Facility, No. 1:26-cv-2392 DJC AC, 2026 WL 2410022 (E.D. Cal. Aug. 18, 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. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/24/2026)

Aug 24, 2026

Service by Mail

Aug 24, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis

Aug 24, 2026

SERVICE BY MAIL: 6 Minute Order served on Hector Leonol Guerra Ochoa. (Deputy Clerk JAA)

#7

Aug 31, 2026

OPPOSITION by Respondent Warden, Mesa Verde Detention Facility to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (NTA), # 3 Exhibit 3 (I-200), # 4 Exhibit 4 (Criminal Records), # 5 Exhibit 5 (Probation Violation), # 6 Exhibit 6 (RAP Sheet), # 7 Exhibit 6 (I-286), # 8 Exhibit 7 (I-826))(Weger, Shelley) (Entered: 08/31/2026)

#8

Sep 14, 2026

MOTION to DISMISS by Warden, Mesa Verde Detention Facility. (Attachments: # 1 Exhibit 1 (Removal Order))(Weger, Shelley) (Entered: 09/14/2026)

#9

Sep 14, 2026

MOTION Motion to Lift No Transfer Order re 6 Minute Order,,,,,,,,, Order on Motion to Proceed in forma pauperis,,,,,,,, by Warden, Mesa Verde Detention Facility. (Attachments: # 1 Proposed Order)(Weger, Shelley) (Entered: 09/14/2026)

#11

Sep 17, 2026

MOTION to WITHDRAW 1 Habeas Corpus Petition by Hector Leonol Guerra Ochoa. (Deputy Clerk RRB) (Entered: 09/18/2026)

#10

Sep 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/18/2026. Respondent filed a motion to lift the 6 order prohibiting transfer of petitioner outside of this district and a motion to dismiss. ECF Nos. 8, 9. Respondent argues petitioner is subject to a final order of removal because an immigration judge ordered him removed on August 31, 2026, and both parties waived appeal. ECF No. 8 at 1; ECF No. 9 at 1. However, a removal order becomes final "only upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA's review of the order." Ocampo v. Holder, 629 F.3d 923, 926 (9th Cir. 2010) (citing 8 U.S.C. § 1101(a)(47)(B)); see also Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005) (The BIA and the Ninth Circuit retain jurisdiction to review whether a waiver of the right to appeal was done knowingly and intelligently.); In re Rodriguez-Diaz, 22 I. & N. Dec. 1320, 1322-23 (BIA 2000) (an appeal is properly before the BIA if the petitioner did not knowingly and intelligently waive his right to appeal). Accordingly, to allow the court to properly evaluate the applicable detention authority in this matter, no later than October 1, 2026, petitioner SHALL file an opposition or statement of non-opposition to respondents' motions, which shall indicate whether he filed an appeal with the Board of Immigration Appeals (BIA) challenging his removal order. Failure to file an opposition or statement of non-opposition will result in the recommendation that the no transfer order be lifted and the case dismissed for failure to prosecute. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/18/2026)

Sep 18, 2026

SERVICE BY MAIL: 10 Minute Order served on Hector Leonol Guerra Ochoa. (Deputy Clerk JAA)

Sep 18, 2026

Minute Order

Sep 18, 2026

Service by Mail

Oct 08, 2026

Minute Order AND Order on Motion for Miscellaneous Relief AND Order on Motion to Appoint Counsel AND Order on Motion to Dismiss AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

Oct 08, 2026

Service by Mail