Eastern District of California • 1:26-cv-00876

#1

Feb 02, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the California City Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)

#2

Feb 02, 2026

MOTION to APPOINT COUNSEL by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)

#3

Feb 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Omar Pena Alcazar. (Deputy Clerk AML) (Entered: 02/03/2026)

Feb 02, 2026

RECEIPT number 100007091 for $5.00 for Omar Pena Alcazar from Omar Pena Alcazar. (Deputy Clerk AML)

#4

Feb 03, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 3/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 02/03/2026)

#5

Feb 03, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Brittany Gunter for Current or Acting Director, United States Immigration and Customs Enforcement,Brittany Gunter for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Brittany Gunter for Current or Acting Secretary, United States Department of Homeland Security,Brittany Gunter for Current or Acting United States Attorney General,Brittany Gunter for Warden of the California City Detention Facility (Gunter, Brittany) (Entered: 02/03/2026)

#6

Feb 03, 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. (Anonymous) (Entered: 02/03/2026)

Feb 03, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Omar Pena Alcazar. (Deputy Clerk AML)

Feb 03, 2026

Service by Mail

#7

Feb 06, 2026

MINUTE ORDER (Text Entry Only) ORDER DENYING TRO; ORDER PREVENTING TRANSFER PENDING FURTHER COURT ORDER; ORDER FOR STAY OF REMOVAL PENDING FURTHER COURT ORDER; ORDER GRANTING MOTION TO APPOINT COUNSELThe Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1 ) and the related request for emergency injunctive relief (Doc. 3 ). Petitioner asserts he has been detained for over eight months and indicates he has a prior conviction. Petitioner fails to explain adequately the timing of his motion for a temporary restraining order or why, the Court should nonetheless treat the situation as an emergency that must be handled on shortened time. Thus, the TRO request is untimely, and it is DENIED. See Local Rule 231(b). However, Petitioner's request for appointment of counsel (Doc. 2 ) is GRANTED. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Courtroom Deputy I. Munoz, who shall update the docket to reflect counsel's appointment. To effectuate this appointment, the Clerk of Court is directed to serve a copy of the petition, via email, on the Federal Defender's Office. In addition, the Court refers the matter to the assigned magistrate judge for a determination on the merits. The Court sets the following briefing schedule, which may be modified by the magistrate judge or by stipulation of the parties as needed. Respondents SHALL file their responsive pleading within 30 days. Therein, Respondents SHALL provide the Court with copies of any portions of Petitioner's A-File or related supervision records Respondents rely upon. Petitioner may file a traverse no later than 15 days after Respondents file their brief. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Given the exigent circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief signed by District Judge Jennifer L. Thurston on February 6, 2026. (Deputy Clerk IM) (Entered: 02/06/2026)

Feb 06, 2026

Service by Mail

Feb 06, 2026

SERVICE BY MAIL: 7 Minute Order on Motion to Appoint Counsel; Minute Order on Motion for TRO served on Omar Pena Alcazar. (Deputy Clerk IM)

Feb 06, 2026

Order on Motion for TRO AND Order on Motion to Appoint Counsel

#8

Feb 12, 2026

NOTICE of APPEARANCE by David A. Torres on behalf of Omar Pena Alcazar. Attorney Torres, David A. added. (Torres, David) (Entered: 02/12/2026)

#9

Feb 12, 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. (Deputy Clerk CM) (Entered: 02/12/2026)

#10

Feb 19, 2026

MINUTE ORDER (Text Only Entry) The Court has been notified of counsel's contact information, pursuant to the Notice of Appearance filed on 2/12/2026 at ECF 8. Attorney, David A. Torres is hereby appointed as CJA counsel for petitioner seeking appointment nunc pro tunc to 02/6/2026 at ECF 7 signed by District Judge Jennifer L. Thurston on February 19, 2026. (Deputy Clerk IM) (Entered: 02/19/2026)

Feb 19, 2026

Minute Order

#11

Mar 06, 2026

MOTION to DISMISS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility. (Attachments: # 1 Exhibit 1 - Form I-213, # 2 Exhibit 2 - Notice to Appear, # 3 Exhibit 3 - Probation and Mandatory Supervision Order and Terms, Superior Court, County of Stanislaus)(Gunter, Brittany) (Entered: 03/06/2026)

#12

Mar 18, 2026

RESPONSE by Omar Pena Alcazar to 11 Motion to Dismiss,,. (Torres, David) (Entered: 03/18/2026)

#13

May 12, 2026

ORDER for Supplemental Briefing, signed by Magistrate Judge Erica P. Grosjean on 05/12/2026. Fourteen-Day Deadline. (Deputy Clerk CM) (Entered: 05/12/2026)

#14

May 26, 2026

MEMORANDUM by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility in SUPPORT of 11 Motion to Dismiss,,. (Attachments: # 1 Exhibit 1 - Order of the Immigration Judge, # 2 Exhibit 2 - Notice of Rejected Filing from May 5, 2026, # 3 Exhibit 3 - Notice of Rejected Filing from May 12, 2026)(Gunter, Brittany) (Entered: 05/26/2026)

#15

May 27, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the California City Detention Facility (Hemesath, Audrey) (Entered: 05/27/2026)

#16

Jun 09, 2026

RESPONSE by Omar Pena Alcazar to 14 Memorandum in Support of Motion,,. (Torres, David) (Entered: 06/09/2026)

#17

Jul 10, 2026

STATUS REPORT by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 07/10/2026)

#18

Aug 14, 2026

FINDINGS and RECOMMENDATIONS to Dismiss Petition for Writ of Habeas Corpus as Moot and Deny 11 Respondents' Motion to Dismiss as Moot signed by Magistrate Judge Erica P. Grosjean on 8/14/2026. Referred to Judge Thurston. Objections to F&R due within 14 days. (Deputy Clerk AML) (Entered: 08/14/2026)

#19

Aug 28, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Petitioner Omar Pena Alcazar. (Torres Stallings, Alekxia) (Entered: 08/28/2026)

#20

Aug 31, 2026

ORDER Directing Petitioner to File Documentation Regarding New Notice of Appeal and Fee Waiver; ORDER Directing Respondents to File Reply to Petitioner's Objections signed by Magistrate Judge Erica P. Grosjean on 8/31/2026. Petitioner's Documentation due by 9/4/2026. Respondents' Reply to Petitioner's Objections due by 9/9/2026. (Deputy Clerk AML) (Entered: 08/31/2026)

#21

Sep 04, 2026

REPLY by Omar Pena Alcazar re 20 Order,, Set/Reset Deadlines and Hearings,. (Torres, David) (Entered: 09/04/2026)

#22

Sep 08, 2026

MOTION TO LIFT/DISSOVLE PROHIBITION ON TRANSFER/REMOVAL re 7 Order on Motion to Appoint Counsel,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,, by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility. (Attachments: # 1 Declaration DO Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Yu, Jonathan) (Entered: 09/08/2026)

#23

Sep 09, 2026

RESPONSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the California City Detention Facility to 19 Objections to Findings and Recommendations, 20 Order,, Set/Reset Deadlines and Hearings,. (Yu, Jonathan) (Entered: 09/09/2026)

#24

Sep 15, 2026

EXHIBIT 1 (Notice of Rejected Filing of Appeal) and Exhibit 2 (Declaration from Immigration Attorney, Mario Valenzuela) by Omar Pena Alcazar. (Torres, David) (Entered: 09/15/2026)

#25

Oct 19, 2026

ORDER VACATING August 14, 2026 18 Findings and Recommendations; AMENDED FINDINGS AND RECOMMENDATION To Grant 1 Petition for Writ of Habeas Corpus, Deny Respondents' 11 Motion to Dismiss, Deny Respondents' 22 Motion to Lift No-transfer Order as Moot, and Direct Respondents to Provide Petitioner With Bond Hearing signed by Magistrate Judge Erica P. Grosjean on 10/16/2026 REFERRED BACK to Judge Thurston. Objections to F&R due within 14-days. (Deputy Clerk LJB)

#26

Nov 02, 2026

Objections to Findings and Recommendations

#27

Nov 04, 2026

ORDER ADOPTING 25 Findings and Recommendations, Granting the 1 Petition for Writ of Habeas Corpus, Denying Respondents' 11 Motion to Dismiss, Denying Respondents' Motion to Lift No-Transfer Order as Moot, Directing Respondents to Provide Petitioner with Bond Hearing, and Directing Clerk of Court to Close Case signed by District Judge Jennifer L. Thurston on 11/03/2026. CASE CLOSED. (Deputy Clerk EF)

#28

Nov 04, 2026

Judgment