Eastern District of California • 1:26-cv-07231

#1

Sep 08, 2026

2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, Markwayne Mullin, Todd Blanche, Tonya Andrews, David Venturella by Milton Manuel Zelaya Murillo. (Deputy Clerk SZ) (Entered: 09/09/2026)

#2

Sep 08, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Milton Manuel Zelaya Murillo. (Deputy Clerk SZ) (Entered: 09/09/2026)

#3

Sep 08, 2026

MOTION to APPOINT COUNSEL by Milton Manuel Zelaya Murillo. (Deputy Clerk SZ) (Entered: 09/09/2026)

#4

Sep 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Milton Manuel Zelaya Murillo. (Deputy Clerk SZ) (Entered: 09/09/2026)

#5

Sep 09, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Milton Manuel Zelaya Murillo signed by Magistrate Judge Christopher D. Baker on 09/09/2026. (Deputy Clerk SZ) (Entered: 09/09/2026)

#6

Sep 09, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/09/2026)

#7

Sep 09, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/09/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. 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 4 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-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a response to the 1 petition by September 11, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. 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"). (Deputy Clerk VMG) (Entered: 09/09/2026)

#8

Sep 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Tonya Andrews,Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for ICE/ERO,Gabriel Andres Soto-Perez for Markwayne Mullin,Gabriel Andres Soto-Perez for David Venturella (Soto-Perez, Gabriel) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order

Sep 09, 2026

SERVICE BY MAIL: 7 Minute Order served on Milton Manuel Zelaya Murillo. (Deputy Clerk VMG)

Sep 09, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Milton Manuel Zelaya Murillo. (Deputy Clerk SZ)

Sep 09, 2026

Immigration New Case Documents

Sep 09, 2026

Service by Mail

#9

Sep 11, 2026

MOTION to DISMISS by Tonya Andrews, Todd Blanche, ICE/ERO, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Soto-Perez, Gabriel) (Entered: 09/11/2026)

#10

Sep 14, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/14/2026: (Text Only Entry). The 1 petition is DENIED WITHOUT PREJUDICE. Respondents have shown that petitioner is detained pursuant to 8 U.S.C. § 1226(a) and has received a custody redetermination hearing at which he was found to be a flight risk. Doc. 9 at 3; Doc. 9-7 at 1. Petitioner does not dispute this. Doc. 1 at 6. Respondents note that petitioner is entitled to appeal but has not done so. Doc. 9 at 2-3. "When a petitioner does not exhaust administrative remedies, a district court ordinarily should either dismiss the petition without prejudice or stay the proceedings until the petitioner has exhausted remedies, unless exhaustion is excused." Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011). In Leonardo, the Ninth Circuit held it was proper to dismiss a petition when petitioner "should have exhausted administrative remedies by appealing to the [Board of Immigration Appeals] before asking the federal district court to review," and petitioner did not ask for a stay or demonstrate grounds for excusing exhaustion. Id. at 1160-61. Similarly here, petitioner did not appeal to the Board of Immigration Appeals and has not asked for a stay or provided reasons why exhaustion should be excused. The petition is therefore denied. The 4 motion for temporary restraining order is DENIED as moot. The Clerk of Court is directed to close this case. (gm) (Entered: 09/14/2026)

Sep 14, 2026

Minute Order