Eastern District of California • 1:26-cv-07907

(HC) Lopez Pena v. Warden of the Mesa Verde Detention Facility

Active

Case Information

Filed: September 25, 2026
Assigned to: Kirk E. Sherriff
Referred to: Christopher D. Baker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 28, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 25, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Markwayne Mullin, David J. Venturella, Warden of the Mesa Verde Detention Facility by Jose Daniel Lopez Pena. (Filing fee $ 5, receipt number ACAEDC-13934540) (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator, # 3 Exhibit Notice to Appear)(Narciso, Tania) (Entered: 09/25/2026)
Main Document: PETITION
#2
Sep 25, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Daniel Lopez Pena. (Attachments: # 1 Notice TRO Checklist)(Narciso, Tania) (Entered: 09/25/2026)
Main Document: MOTION
#3
Sep 28, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk CRM) (Entered: 09/28/2026)
Main Document: Immigration New Case Documents
#4
Sep 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Sergio Albarran,Elisa M. Rodriguez for Markwayne Mullin,Elisa M. Rodriguez for David J. Venturella,Elisa M. Rodriguez for Warden of the Mesa Verde Detention Facility (Rodriguez, Elisa) (Entered: 09/28/2026)
Main Document: DESIGNATION
#5
Sep 28, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/28/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 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 2 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 October 1, 2026. The response shall include a copy of all referenced/relevant documents from petitioner's A-file, including any Form I-200, Warrant for Arrest of Alien and Form I-213, Record of Deportable/Inadmissible Alien. Petitioner may file a reply by October 5, 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"). This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. Respondents shall notify the Court of any such transfer out of the district. (gm) (Entered: 09/28/2026)
Sep 28, 2026
Minute Order