Eastern District of California • 1:26-cv-08162
(HC) Diego-Moreno v. Warden, California City Immigration Processing Center
Active
Case Information
Filed: October 05, 2026
Assigned to:
Jennifer L. Thurston
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:
October 07, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 05, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Jorge Diego-Moreno. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jorge Diego-Moreno. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
In Forma Pauperis
#3
Oct 05, 2026
MOTION to APPOINT COUNSEL by Jorge Diego-Moreno. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
Appoint Counsel
#4
Oct 06, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jorge Diego-Moreno signed by Magistrate Judge Christopher D. Baker on 10/06/2026. (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#5
Oct 06, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 10/06/2026)
Main Document:
Immigration New Case Documents
#6
Oct 06, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Immigration Processing Center (Andrews, Anthony) (Entered: 10/06/2026)
Main Document:
DESIGNATION
Oct 06, 2026
Service by Mail
Oct 06, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents, 4 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Jorge Diego-Moreno. (Deputy Clerk SZ)
#7
Oct 07, 2026
MINUTE ORDER signed by Magistrate Judge Christopher D. Baker on 10/07/2026: The Court has reviewed Petitioner's petition for writ of habeas corpus. (Doc. 1 ). The pleadings appear to raise factual and legal issues that the Ninth Circuit has resolved in holding that 8 U.S.C. § 1226(a) provides the proper framework for detention by immigration authorities of noncitizens already residing in the United States. See Rodriguez Vasquez v. Bostock, 183 F.4th 1160, 1172 (9th Cir. 2026) (holding that section 1226 "is best understood as governing inadmissible and deportable aliens present in the interior of the United States."); see also Padilla v. U.S. Immig. And Cust. Enf't, -- F.4th --, No. 24-2801, 2026 WL 2822044, at *19 (9th Cir. Sept. 21, 2026) (recognizing that "[n]oncitizens who arrive illegally and are found away from the border well after arrival are protected from arbitrary detention in violation of the Due Process Clause."). Accordingly, pursuant to 28 U.S.C. § 2243, the Court HEREBY ORDERS Respondents to SHOW CAUSE in writing no later than 10/21/2026 as to whether there are any factual or legal issues in this case that render it distinct from the cases listed above and would justify denial of the writ. Respondents' response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including notices to appear, arrest warrants, orders and other documents relating to any prior encounter of Petitioner by immigration authorities and any release from custody, and documents related to any asserted violations of release conditions or any asserted change of circumstances warranting Petitioner's detention. Petitioner may file a reply no later than 11/4/2026. (Deputy Clerk CRB) (Entered: 10/07/2026)
Oct 07, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Parties
(HC) Diego-Moreno
Party
Warden, California City Immigration Processing Center
Party