Eastern District of California • 1:26-cv-01286

#1

Feb 13, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Carlos Rodriguez Bautista. (Deputy Clerk VLC) (Main Document 1 replaced on 2/24/2026) (HAH). (Entered: 02/18/2026)

#2

Feb 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Carlos Rodriguez Bautista. (Deputy Clerk VLC) (Entered: 02/18/2026)

#3

Feb 18, 2026

MOTION to APPOINT COUNSEL by Carlos Rodriguez Bautista. (Deputy Clerk VLC) (Entered: 02/18/2026)

#4

Feb 18, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 02/18/2026)

#5

Feb 18, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Imi Zaidi, GOVT for Warden (Zaidi, Imi) (Entered: 02/18/2026)

#6

Feb 18, 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: 02/18/2026)

Feb 18, 2026

SERVICE BY MAIL: 4 Prisoner New Case Documents served on Carlos Rodriguez Bautista. (Deputy Clerk VLC)

Feb 18, 2026

Service by Mail

#7

Feb 20, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 02/20/2026.Petitioner, a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma pauperis and motion to appoint counsel. ECF Nos. 1-3. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit pursuant to 28 U.S.C. § 1915(a). Accordingly, the application to proceed in forma pauperis (ECF No. 2 ) is GRANTED. At this time, the court does not find the interest of justice requires appointment of counsel pursuant to 18 U.S.C. § 3006A(a)(2). Accordingly, petitioner's motion to appoint counsel (ECF No. 3 ) is DENIED without prejudice. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Respondent is directed to file an answer/return within 14 days from the date of this order. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. Respondent shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 02/20/2026)

Feb 20, 2026

Service by Mail

Feb 20, 2026

Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis

Feb 20, 2026

SERVICE BY MAIL: 7 Minute Order served on Carlos Rodriguez Bautista. (Deputy Clerk JAA)

Feb 24, 2026

RE-SERVICE BY MAIL: 4 Prisoner New Case Documents, 7 Minute Order served on Carlos Rodriguez Bautista at Golden State Annex. (Deputy Clerk HAH)

Feb 24, 2026

Service by Mail

Mar 04, 2026

MAIL RETURNED as Not deliverable as addressed, Unable to forward: 4 Prisoner New Case Documents sent to Carlos Rodriguez Bautista. Notice of Change of Address due by 4/13/2026. (Deputy Clerk JAW)

Mar 04, 2026

MAIL RETURNED as Not deliverable as addressed, Unable to forward: (#7) Minute Order sent to Carlos Rodriguez Bautista. Notice of Change of Address due by 4/13/2026. (Deputy Clerk JAW)

#9

Mar 06, 2026

Dismiss

#10

Mar 06, 2026

Certificate / Proof of Service

#11

Mar 09, 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 OML) (Entered: 03/10/2026)

#12

Mar 12, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/12/2026. Respondents have filed a motion to dismiss and a response to the petition. ECF No. 9 . Upon review of the motion and response, the court finds it appropriate to appoint counsel at this time. The Federal Defender is directed to identify counsel to represent petitioner. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jonathan Anderson at janderson@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Within 7 days of adding counsel for petitioner, petitioner's counsel shall file an amended or supplemental petition that provides the court with additional factual background regarding petitioner's current detention and, if applicable, prior detention, as well as any additional claims petitioner may seek to make. Respondents are directed to file an answer/return within 7 days from the date an amended or supplemental petition is filed. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/12/2026)

Mar 12, 2026

Minute Order

Mar 13, 2026

SERVICE BY MAIL: ECF No. 12, Minute Order served on Carlos Rodriguez Bautista. (Deputy Clerk KLY)

Mar 13, 2026

Service by Mail

#13

Mar 19, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/19/2026.The court has been notified of counsel's contact information, pursuant to the 12 Minute Order. Attorney Mohamad A. Baydoun, The Law Office of Mohamad A. Baydoun, 2014 Tulare Street, Suite 300, Fresno, CA 93721, 559-441-0114, 559-441-0890 (fax), baydounlaw@gmail.com is hereby appointed as CJA counsel for petitioner as permitted in General Order 582, Section X(C) on an ad hoc basis in this matter, nunc pro tunc 03/18/2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 03/19/2026)

Mar 19, 2026

Minute Order

#14

Mar 26, 2026

Extension of Time

#15

Mar 27, 2026

MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/27/2026. The court has reviewed petitioner's motion for an extension of time 14 to file an amended petition. Good cause appearing, the motion 14 is granted. Petitioner shall file an amended petition no later than April 9, 2026. Respondents shall file an answer/return no later than April 23, 2026. Petitioner may file a reply/traverse, if any, by April 30, 2026. (Text Only Entry) (Deputy Clerk JAA) (Entered: 03/27/2026)

#16

Mar 27, 2026

[DISREGARD ENTERED IN ERROR] MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/27/2026.Petitioner, Gilberto Barrios' (A# 088-888-461), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma pauperis. ECF Nos. 1, 2 . Petitioner's motion to proceed in forma pauperis (ECF No. 2 ) is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The court has reviewed petitioner Gilberto Barrios' (A# 088-888-461) petition 1 for writ of habeas corpus. The petition asserts respondents have violated his Fifth Amendment due process rights due to prolonged detention. The petition alleges petitioner entered the United States on September 17, 2025, and has been detained ever since. Petitioner seeks relief in the form of release or bond. The petition, liberally construed, asserts a due process violation based on prolonged detention under 8 U.S.C. § 1225(b). Because petitioner may be entitled to the requested relief if the claimed violations are proved, respondents will be served with the § 2241 petition and directed to show cause why the writ should not be granted by filing an answer/return. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Respondents are directed to file an answer/return within 14 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from R.M. v. Warden of the Golden State Annex ICE Det. Facility, No. 1:25-cv-1607 TLN AC, 2026 WL 836322 (E.D. Cal. Mar. 26, 2026) and Arshakyam v. Warden, No. 1:25-cv-1780 DAD AC (HC), 2026 WL 143143 (E.D. Cal. Jan 20, 2026). If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry). (Deputy Clerk JAA) Modified on 3/27/2026 (JAA). (Entered: 03/27/2026)

Mar 27, 2026

Minute Order

Mar 27, 2026

Minute Order AND Order on Motion for Extension of Time

#17

Apr 09, 2026

Petition for Writ of Habeas Corpus

#18

Apr 10, 2026

CLERK'S NOTICE of DOCKET CORRECTION (Text Only Entry): The 3/27/2026 Minute Order, No. 16, was entered in this action in error and as such is DISREGARDED. (Deputy Clerk KLY) Modified on 4/10/2026 (KLY). (Entered: 04/10/2026)

#19

Apr 16, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 04/16/2026. The court has reviewed the first amended petition for writ of habeas corpus (ECF No. 17 ) and finds that it contains internally inconsistent factual representations and inconsistencies between the alleged facts and arguments in support of relief. Compare ECF No. 17, paragraphs 1-7, 12, 23, 47-48, 51, 53, 68 and ECF No. 17 -1 with ECF No. 17, paragraphs 14, 15, 45, 46, 54, 60, 62, 67, 72, and 74. Accordingly, petitioner is directed to file a corrected amended petition which alleges verified facts and claims relevant to his particular circumstances. A corrected amended petition is due no later than April 22, 2026. The previous briefing order (ECF No. 15 ) is VACATED to be reset upon receipt of the corrected, amended petition. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/16/2026)

Apr 16, 2026

Minute Order

#20

May 05, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/05/2026. On April 16, 2026, petitioner was ordered to file a corrected amended petition no later than April 22, 2026. ECF No. 19 . The deadline has passed and counsel has neither filed a corrected amended petition nor sought additional time to do so. Within 3 days, petitioner's counsel shall SHOW CAUSE why he should not be sanctioned for failing to comply with a court order. The response must be accompanied by the previously ordered corrected amended petition. (Text Only Entry) (Deputy Clerk JAA) (Entered: 05/05/2026)

May 05, 2026

Minute Order

#21

May 08, 2026

Petition for Writ of Habeas Corpus

#22

May 08, 2026

RESPONSE to 20 Order to Show Cause by Carlos Rodriguez Bautista. (Attachments: # 1 Declaration) (Baydoun, Mohamad) Modified on 5/14/2026 (KS). (Entered: 05/08/2026)

#23

May 11, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 05/11/2026. In light of 21 Petition for Writ of Habeas Corpus and 22 Response to Order to Show Cause, the 20 Order to Show Cause is DISCHARGED. The court construes 21 Petition for Writ of Habeas Corpus as a Corrected, First Amended Complaint, which asserts violations under: (1) the Fifth Amendment Substantive Due Process based on prolonged detention; (2) the Fifth Amendment Procedural Due Process Clause; (3) the Administrative Procedure Act; and (4) Immigration and Nationality Act ("INA"). Respondents are directed to file a response to ECF No. 21 within 14 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from Quichimbo-Jimenez v. Warden, No. 2:26-cv-0739 DAD EFB, 2026 WL 679378 (E.D. Cal. Mar. 10, 2026) and Moralez-Buston v. Warden, No. 1:26-cv-2592 DAD SCR, 2026 1045512 (E.D. Cal. Apr. 17, 2026) with respect to the violation of INA claim. Any response must include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants or notices, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 05/11/2026)

May 11, 2026

Minute Order

#24

May 26, 2026

Dismiss

#25

Jul 02, 2026

Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings

#26

Jul 02, 2026

Objections to Findings and Recommendations

#27

Jul 07, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

#28

Jul 07, 2026

Judgment