Eastern District of California • 1:26-cv-00657
(HC) Garcilazo v. Warden
Active
Case Information
Filed: January 26, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 26, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Oscar Morales Garcilazo. (Deputy Clerk AMW) (Entered: 01/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 01/27/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#3
Jan 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Warden (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
DESIGNATION
#4
Jan 27, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 27, 2026
CERTIFICATE of SERVICE by Warden re 3 Designation of Counsel, 4 Consent/Decline of Magistrate Judge Jurisdiction, (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
Certificate / Proof of Service
#6
Jan 27, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/27/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). Based on the relief requested in the Petition, the Court also construes it as a Motion for Temporary Restraining Order. Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before January 30, 2026. Respondents should address whether they oppose conversion of the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction. The matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 01/27/2026)
#7
Jan 27, 2026
CLERK'S NOTICE: 1 Petition for Writ of Habeas Corpus, 6 Minute Order served electronically on the U.S. Attorney at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk GJM) (Entered: 01/27/2026)
Jan 27, 2026
Service by Mail
Jan 27, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 27, 2026
SERVICE BY MAIL: 6 Minute Order, 7 Clerk's Notice served on Oscar Morales Garcilazo. (Deputy Clerk GJM)
Jan 27, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Oscar Morales Garcilazo. (Deputy Clerk AMW)
#8
Feb 01, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 2/1/26: On January 27, 2026, the Court issued an Order directing Respondents to file an Opposition to Petitioner's Motion for Temporary Restraining Order, on or before January 30, 2026. (ECF No. 6 .) Respondents failed to file an Opposition. Accordingly, Respondents are ORDERED TO SHOW CAUSE, on or before February 2, 2026, why Petitioner's Motion should not be granted. Failure to file a response will be construed as non-opposition to the Court granting Petitioner's Motion. IT IS SO ORDERED. [TEXT ORDER ONLY] (Deputy Clerk JZ) (Entered: 02/01/2026)
Feb 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Feb 02, 2026
RESPONSE to 8 ORDER to SHOW CAUSE by Warden. (Chapple, Cody) (Entered: 02/02/2026)
Main Document:
RESPONSE
#10
Feb 02, 2026
MOTION to APPOINT COUNSEL by Oscar Morales Garcilazo. (Deputy Clerk KEZ) (Entered: 02/03/2026)
Main Document:
Appoint Counsel
Feb 03, 2026
RECEIPT number 100007082 for the filing fee in the amount of $5.00 paid on 2/3/2026 by Oscar M Carcilazo. (Deputy Clerk CRM)
#11
Feb 05, 2026
ORDER signed by District Judge Daniel J. Calabretta on 2/5/2026 CONSTRUING Petitioner's 1 Petition for Writ of Habeas Corpus as a Motion for Temporary Restraining Order, CONVERTING said motion to a Motion for Preliminary Injunction, and GRANTI NG Petitioner's motion; ORDERING Respondents to immediately release Petitioner O.M.G. from custody and to not impose any additional restrictions on him; ENJOINING AND RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; REFERRING this matter to the assigned Magistrate Judge for all further proceedings. (Deputy Clerk GJM)
Feb 05, 2026
SERVICE BY MAIL: 11 Order served on Oscar Morales Garcilazo. (Deputy Clerk GJM)
Feb 05, 2026
Service by Mail
Feb 06, 2026
Service by Mail
Feb 06, 2026
SERVICE BY MAIL: 8 Minute Order served on Oscar Morales Garcilazo. (Deputy Clerk HAH)
#12
Mar 13, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
Mar 17, 2026
Service by Mail
#14
Apr 07, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/7/2026 ORDERING that within seven days of the date of service of this order, respondent must file a response to the petition. Within seven days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. (Deputy Clerk LMS)
Apr 07, 2026
Service by Mail
Apr 27, 2026
Service by Mail
Apr 27, 2026
Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
#17
May 22, 2026
ORDER signed by District Judge Daniel J. Calabretta on 5/21/2026 ADOPTING 16 Findings and Recommendations. The 1 petition for writ of habeas corpus is GRANTED. The 11 preliminary injunctive relief previously granted is PERMANENT. The Clerk to enter judgment accordingly. CASE CLOSED. (Deputy Clerk KEZ)
#18
May 22, 2026
Judgment
Main Document:
Judgment
May 22, 2026
Service by Mail
Parties
(HC) Garcilazo
Party
Warden
Party