Eastern District of California • 1:26-cv-03392

#1

May 04, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Center by Marvin Macario Lopez Mateo. [$5 filing fee received. Receipt to be docketed 5/5/2026] (Deputy Clerk VLK) (Main Document 1 replaced on 5/4/2026) (VLK). (Entered: 05/04/2026)

#2

May 04, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Marvin Macario Lopez Mateo. (Deputy Clerk VLK) (Entered: 05/04/2026)

#3

May 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 05/04/2026)

#4

May 04, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/4/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 1 petition. See e.g., 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 May 6, 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 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"). (gm) (Entered: 05/04/2026)

May 04, 2026

Service by Mail

May 04, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Marvin Macario Lopez Mateo. (Deputy Clerk VLK)

May 04, 2026

Minute Order

May 04, 2026

RECEIPT number 200018784 for $5.00 for Filing Fee from Marvin Macario Lopez Mateo. (Deputy Clerk VLC)

#5

May 06, 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: 05/06/2026)

#6

May 06, 2026

OPPOSITION by Respondent Warden, Mesa Verde Detention Center to 2 MOTION for TEMPORARY RESTRAINING ORDER, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rodriguez, Camilo) (Entered: 05/06/2026)

#7

May 07, 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: 05/07/2026)

#8

Jun 05, 2026

Miscellaneous Relief

#9

Jul 06, 2026

Miscellaneous Relief

#10

Jul 08, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/08/2026: (Text Only Entry): The 1 petition for writ of habeas corpus is denied. Petitioner filed an initial petition for writ of habeas corpus challenging his immigration detention in the United States District Court for the Middle District of Florida, which that court denied on April 29, 2026. Doc. 6-4. Thereafter, on May 4, 2026, petitioner filed the petition in this case, in which he challenges his immigration detention on essentially the same grounds he raised in his previous petition. Doc. 1. "The abuse of the writ doctrine forbids the reconsideration of claims that were or could have been raised in a prior habeas petition." Eldridge v. Howard, 70 F.4th 543, 551 (9th Cir. 2023) (internal quotation marks omitted). Respondents state, and petitioner does not dispute, that "[p]etitioner presents in the Second Petition the same issues that were conclusively decided in the First Petition." Doc. 6 at 3. Petitioner does not acknowledge respondents' arguments concerning his successively filed petition, and he does not establish a basis for this Court to reconsider his claims challenging his immigration detention. In a further filing on July 6, 2026, petitioner also asserts that his detention has become unconstitutionally prolonged, Doc. 9., but he fails to establish a basis for this claim as his filing indicates that he has been detained for less than six months. See Doc. 9 (alleging that petitioner was re-detained on February 27, 2026). The Clerk of the Court is directed to terminate pending matters and close this case. (Deputy Clerk VMG) (Entered: 07/08/2026)

#11

Jul 08, 2026

Judgment

Jul 08, 2026

CASE CLOSED. (Deputy Clerk CM)

Jul 08, 2026

SERVICE BY MAIL: 10 Minute Order served on Marvin Macario Lopez Mateo. (Deputy Clerk VMG)

Jul 08, 2026

SERVICE BY MAIL: 11 Judgment served on Marvin Macario Lopez Mateo. (Deputy Clerk CM)

Jul 08, 2026

~Util - Terminate Civil Case

Jul 08, 2026

Service by Mail

Jul 08, 2026

Minute Order AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO