Eastern District of California • 2:26-cv-00782
(HC) Moya-Cabrera v. Warden, California City Correctional Center
Active
Case Information
Filed: March 09, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 09, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Luis Angel Moya-Cabrera. (Deputy Clerk VLK) (Entered: 03/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 09, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Luis Angel Moya-Cabrera. (Deputy Clerk VLK) (Entered: 03/10/2026)
Main Document:
Temporary Restraining Order
Mar 09, 2026
RECEIPT number 200017555 for $5.00 for Luis Angel Moya-Cabrea. (Deputy Clerk LMS)
#3
Mar 10, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 03/10/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#4
Mar 10, 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: 03/10/2026)
Main Document:
CONSENT/DECLINE
#5
Mar 10, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Kirk E. Sherriff on 3/10/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. Petitioner appears to challenge his re-detention and raise legal issues that this Court has previously addressed. See e.g., Yon Kervis U. v. Chestnut, No. 1:25-CV-2066-KES-SAB (HC), 2026 WL 88983 (E.D. Cal. Jan. 12, 2026); Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). 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). On or before March 12, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Yon Kervis U. v. Chestnut, Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. 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"). (jv) (Entered: 03/10/2026)
Mar 10, 2026
Service by Mail
Mar 10, 2026
Minute Order
Mar 10, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Luis Angel Moya-Cabrera. (Deputy Clerk VLK)
#6
Mar 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center, attorney Christopher William Dextre, GOVT terminated (Andrews, Anthony) (Entered: 03/11/2026)
Main Document:
DESIGNATION
#7
Mar 12, 2026
RESPONSE by Warden, California City Correctional Center to 5 Minute Order,,,,,,,,,, 2 Motion for Temporary Restraining Order, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 03/12/2026)
Main Document:
RESPONSE
#8
Mar 12, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
#9
Mar 18, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/18/2026: (Text Only Entry). The 2 motion for temporary restraining order is denied. Respondents' records show that in 2026 immigration authorities charged petitioner as inadmissible pursuant to 8 U.S.C. §§ 1182(a)(6)(A)(i) and 1182(a)(7)(A)(i)(I), after petitioner was arrested in 2025 on state charges for theft, fencing, and receiving stolen property. Doc. 7, Exs. 1, 2. Petitioner's motion for temporary restraining order seeks his release. He relies on cases in which courts considered whether 8 U.S.C. § 1226(a) or 8 U.S.C. § 1225(b)(2)(A) applied to noncitizens present in the United States without admission. E.g., Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025). But petitioner's detention appears to be under 8 U.S.C. § 1226(c)(1)(E), which authorizes detention for "any alien" who "is inadmissible under" 8 U.S.C. §§ 1182(a)(6)(A)(i) or 1182(a)(7)(A)(i)(I) and "is charged with, is arrested for, [or] is convicted of,... any... theft... offense[.]" 8 U.S.C. § 1226(c)(1)(E). It appears that petitioner was arrested for "theft" within the meaning of 8 U.S.C. § 1226(c)(1)(E) and that his detention is governed by that provision. Petitioner fails to establish a likelihood of success on his statutory and due process claims as his motion does not address the correct statute governing his detention. This matter is referred to the assigned magistrate judge for further proceedings on the petition. (Deputy Clerk VMG) (Entered: 03/18/2026)
Mar 18, 2026
Service by Mail
Mar 18, 2026
SERVICE BY MAIL: 10 Order served on Luis Angel Moya-Cabrera. (Deputy Clerk SSA)
Mar 18, 2026
SERVICE BY MAIL: 9 Minute Order, served on Luis Angel Moya-Cabrera. (Deputy Clerk VMG)
Mar 18, 2026
Minute Order
#11
Mar 27, 2026
Order AND ~Util - Add and Terminate Attorneys
#12
Apr 21, 2026
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/21/2026: (Text Only Entry). On March 18, 2026, the District Court issued an order 9 denying Petitioner's motion 2 for temporary restraining order and referring the matter to the undersigned for further proceedings. The parties are directed to advise the Court within five (5) days whether they wish to provide additional briefing. If the parties do not respond within the specified time, the Court will assume the parties wish to proceed on their current submissions. (Deputy Clerk WAK) (Entered: 04/21/2026)
#13
Apr 21, 2026
STIPULATION and PROPOSED ORDER status report by Luis Angel Moya-Cabrera. (Rusk, Shari) (Entered: 04/21/2026)
Main Document:
STIPULATION
Apr 21, 2026
Minute Order
#14
Apr 25, 2026
RESPONSE by Warden, California City Correctional Center to 13 Stipulation and Proposed Order, 12 Minute Order,,. (Andrews, Anthony) (Entered: 04/25/2026)
Main Document:
RESPONSE
#15
Apr 26, 2026
REPLY by Luis Angel Moya-Cabrera re 14 Response. (Rusk, Shari) (Entered: 04/26/2026)
Main Document:
REPLY
#16
May 05, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk MR) (Entered: 05/05/2026)
Main Document:
ORDER
#17
May 26, 2026
SUPPLEMENT by Luis Angel Moya-Cabrera. (Rusk, Shari) (Entered: 05/26/2026)
Main Document:
SUPPLEMENT
#18
Jun 21, 2026
SUPPLEMENT by Luis Angel Moya-Cabrera. (Attachments: # 1 Exhibit Letters)(Rusk, Shari) (Entered: 06/21/2026)
Main Document:
SUPPLEMENT
#19
Jul 13, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#20
Jul 16, 2026
SUPPLEMENT by Luis Angel Moya-Cabrera. (Rusk, Shari) (Entered: 07/16/2026)
Main Document:
SUPPLEMENT
#21
Jul 24, 2026
Findings and Recommendations
Main Document:
Findings and Recommendations
#22
Jul 24, 2026
Notice (Other)
Main Document:
Notice (Other)
#23
Jul 24, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#24
Jul 26, 2026
REPLY by Luis Angel Moya-Cabrera re 23 Objections to Findings and Recommendations. (Rusk, Shari) (Entered: 07/26/2026)
Main Document:
REPLY
#25
Jul 26, 2026
SUPPLEMENT by Luis Angel Moya-Cabrera. (Rusk, Shari) (Entered: 07/26/2026)
Main Document:
SUPPLEMENT
Parties
(HC) Moya-Cabrera
Party
Warden, California City Correctional Center
Party