Eastern District of California • 1:26-cv-03224
(HC) Rodriguez-Alvarez v. Warden, California City Correctional Center
Active
Case Information
Filed: April 27, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 27, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Erika Rodriguez-Alvarez. (Deputy Clerk RMG) (Entered: 04/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Erika Rodriguez-Alvarez. (Deputy Clerk RMG) (Entered: 04/27/2026)
Main Document:
Temporary Restraining Order
#3
Apr 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Erika Rodriguez-Alvarez. (Deputy Clerk RMG) (Entered: 04/28/2026)
Main Document:
In Forma Pauperis
#4
Apr 28, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 6/1/2026. (Attachments: # 1 Consent Form) (Deputy Clerk RMG) (Entered: 04/28/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 28, 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: 04/28/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 28, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/28/2026: On review of Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ), the Court finds Petitioner has not presently established a likelihood of success on the merits. As such, Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is DENIED. This matter is REFERRED to the assigned Magistrate Judge for all further proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/28/2026)
Apr 28, 2026
SERVICE BY MAIL: 6 Minute Order served on Erika Rodriguez-Alvarez. (Deputy Clerk HAH)
Apr 28, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Erika Rodriguez-Alvarez. (Deputy Clerk RMG)
Apr 28, 2026
Minute Order AND Order on Motion for TRO
Apr 28, 2026
Service by Mail
#7
Apr 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 4/29/2026 GRANTING 3 Motion for IFP and DIRECTING Respondent to SHOW CAUSE within 14 days why the Writ should not be granted. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 04/29/2026)
Main Document:
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 29, 2026
SERVICE BY MAIL: 7 Minute Order served on Erika Rodriguez-Alvarez. (Deputy Clerk SH)
Apr 29, 2026
Service by Mail
#8
May 13, 2026
ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden, California City Correctional Center. (Attachments: # 1 Declaration of Deportation Officer, # 2 Declaration Exhibits to Declaration, # 3 Exhibit A (Probable Cause Affidavit), # 4 Exhibit B (Information), # 5 Exhibit C, # 6 Exhibit D (Judgment))(Weger, Shelley) (Entered: 05/13/2026)
Main Document:
Answer to Petition for Writ of Habeas Corpus
#9
May 20, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 5/19/2026 DIRECTING the appointing authority for the Eastern District of California to identify counsel and send counsel's contact information to the CRD for Magistrate Judge Sean Riordan. Based on the appointment of counsel, the court sua sponte grants petitioner leave to file a reply/traverse to respondent's answer/return within 21 days from the date of this Order. Respondent shall file petitioner's most recent Form I-213 within 7 days of this Order. (Deputy Clerk OML) (Entered: 05/20/2026)
May 20, 2026
SERVICE BY MAIL: 9 Order served on Erika Rodriguez-Alvarez. (Deputy Clerk OML)
May 20, 2026
Service by Mail
#10
May 26, 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: 05/27/2026)
Main Document:
CONSENT/DECLINE
#11
May 27, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/27/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 9 . Attorney Shari G. Rusk is hereby appointed nunc pro tunc to 5/27/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Shari G. Rusk, Law Office of Shari Rusk, 916 2nd Ave Ste F, Sacramento, CA 95814, 916-804-8656, rusklaw@att.net, as CJA counsel for petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 5/20/2026, order (ECF No. 9 ) (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) (Entered: 05/27/2026)
May 27, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#12
Jun 17, 2026
MOTION to EXTEND TIME for filing Traverse/Reply and PROPOSED ORDER filed by Erika Rodriguez-Alvarez. (Rusk, Shari) Modified on 6/18/2026 (HAH). (Entered: 06/17/2026)
Main Document:
SCHEDULING
#13
Jun 22, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 6/22/2026 GRANTING 12 Motion for Extension of Time. Plaintiff is GRANTED until 6/22/2026 to file a traverse/reply to 8 Answer/Return. (Deputy Clerk HAH) (Entered: 06/22/2026)
Main Document:
Order on Motion for Extension of Time
#14
Jun 23, 2026
TRAVERSE and EMERGENCY REQUEST for IMMEDIATE RELEASE by Erika Rodriguez-Alvarez. (Attachments: # 1 Exhibits)(Rusk, Shari) Modified on 7/1/2026 (HAH). (Entered: 06/23/2026)
Main Document:
Miscellaneous Relief
#15
Jun 25, 2026
SUPPLEMENTAL EXHIBITS in support of 14 Traverse and Request for Immediate Release by Erika Rodriguez-Alvarez. (Attachments: # 1 Letters)(Rusk, Shari) Modified on 7/6/2026 (HAH). (Entered: 06/25/2026)
Main Document:
SUPPLEMENTAL
#16
Jul 06, 2026
SUPPLEMENTAL BRIEFING by Erika Rodriguez-Alvarez. (Rusk, Shari) Modified on 7/10/2026 (KS). (Entered: 07/06/2026)
Main Document:
SUPPLEMENTAL
#17
Jul 19, 2026
MOTION to DISMISS; MOTION to Lift No Transfer Order by Warden, California City Correctional Center. (Attachments: # 1 Proposed Order)(Weger, Shelley) Modified on 7/24/2026 (HAH). (Entered: 07/19/2026)
Main Document:
Dismiss AND Miscellaneous Relief
#18
Jul 19, 2026
NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Warden, California City Correctional Center: Exhibits in support of 17 Motion to Dismiss. (Attachments: # 1 Exhibit 1 (Removal Order), # 2 Exhibit 2 (EOIR Docket))(Weger, Shelley) Modified on 7/24/2026 (HAH). (Entered: 07/19/2026)
Main Document:
Notice of Filing / Lodging Document
#19
Jul 21, 2026
OPPOSITION to 17 Motion to Dismiss by Erika Rodriguez-Alvarez. (Rusk, Shari) Modified on 7/27/2026 (HAH). (Entered: 07/21/2026)
Main Document:
OPPOSITION
#20
Aug 14, 2026
SUPPLEMENT to 19 Opposition to Motion to Dismiss by Erika Rodriguez-Alvarez. (Attachments: # 1 Exhibit) (Rusk, Shari) Modified on 8/24/2026 (KS). (Entered: 08/14/2026)
Main Document:
SUPPLEMENT
#21
Aug 18, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 08/17/2026 ORDERING that the 7 Order prohibiting Petitioner's transfer from this judicial district is LIFTED. It is RECOMMENDED that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to provide Petitioner with a bond hearing before an immigration judge at which the government shall bear the burden of justifying Petitioner's continued detention by clear and convincing evidence, within 14 days of issuance of any final order in this case; Respondent[s] be further required to notify Petitioner as well as any immigration counsel of record of the date of the required bond hearing at least 7 days in advance of the hearing; Respondents be further directed to file a notice certifying compliance with the provision within 7 days from the date of the bond hearing; Petitioner's 14 Emergency Motion for Immediate Release be denied; Respondent's 17 Motion to Dismiss be denied; and that the Clerk be directed to close this case. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 08/18/2026)
#22
Aug 25, 2026
SUPPLEMENT by Erika Rodriguez-Alvarez. (Attachments: # 1 Exhibit declaration, # 2 Exhibit Immig doc, # 3 Exhibit Maryland Atty, # 4 Exhibit Immig Firm)(Rusk, Shari) (Entered: 08/25/2026)
Main Document:
SUPPLEMENT
#23
Aug 25, 2026
MOTION for 2-DAY EXTENSION OF TIME to re 21 Findings and Recommendations (Motion),,,,, Order,,,, by Warden, California City Correctional Center. (Attachments: # 1 Proposed Order)(Weger, Shelley) (Entered: 08/25/2026)
Main Document:
Extension of Time
#24
Aug 26, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/26/2026: Good cause appearing, Respondent's motion for extension of time (ECF No. 23 ) is GRANTED. The new deadline for Respondents to file any objections to the findings and recommendations, ECF No. 21, is August 27, 2026. (Deputy Clerk SH) (Entered: 08/26/2026)
Aug 26, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#25
Aug 27, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 21 by Respondent Warden, California City Correctional Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weger, Shelley) (Entered: 08/27/2026)
Main Document:
Objections to Findings and Recommendations
#26
Aug 30, 2026
SUPPLEMENT by Erika Rodriguez-Alvarez. (Attachments: # 1 Exhibit IJ orders)(Rusk, Shari) (Entered: 08/30/2026)
Main Document:
SUPPLEMENT
#27
Aug 31, 2026
SUPPLEMENT by Erika Rodriguez-Alvarez. (Attachments: # 1 Exhibit Notice of ICE Transfer)(Rusk, Shari) (Entered: 08/31/2026)
Main Document:
SUPPLEMENT
#28
Aug 31, 2026
MOTION Clarification of Court Order and Supplement re Final Order of Removal re 21 Findings and Recommendations (Motion),,,,, Order,,,, 25 Objections to Findings and Recommendations by Warden, California City Correctional Center. (Weger, Shelley) (Entered: 08/31/2026)
Main Document:
Miscellaneous Relief
#29
Aug 31, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/31/2026: Petitioner's EOIR Case Information Page shows that the BIA dismissed her appeal on August 28, 2026. Accordingly, within seven days, the Parties shall file simultaneous briefs addressing the current detention authority, as well as any change in circumstances (e.g., petitions for review or motions to reopen) that could potentially change that detention authority over the next 90 days. In addition, the Court GRANTS the motion for clarification (ECF No. 28 ), and clarifies that the order at ECF No. 21 lifted the "no-transfer" order. (Deputy Clerk SH) (Entered: 08/31/2026)
Aug 31, 2026
Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings
#30
Sep 06, 2026
Dismiss
Main Document:
Dismiss
#32
Sep 17, 2026
Findings and Recommendations AND Findings and Recommendations AND Order
Main Document:
Findings and Recommendations AND Findings and Recommendations AND Order
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