Eastern District of California • 1:26-cv-03945

#1

May 22, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas, Caleb Vitello, Warden, California City Correction Center, U.S. Immigration and Customs Enforcement (ICE), a component of Department of Homeland Security by Luca De Avila Romero. (Deputy Clerk LJB) (Entered: 05/26/2026)

#2

May 22, 2026

MOTION For Immediate Release or in the Alternative, For A Bond Hearing by Luca De Avila Romero. (Deputy Clerk LJB) (Entered: 05/26/2026)

May 22, 2026

RECEIPT number 100008249 for $5.00 for Petitioner from Luca De Avila Romero. (Deputy Clerk LJB)

#3

May 26, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/26/2026)

#4

May 26, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Alejandro Mayorkas,Nisreen Fakhouri Assaf for U.S. Immigration and Customs Enforcement (ICE), a component of Department of Homeland Security,Nisreen Fakhouri Assaf for Caleb Vitello,Nisreen Fakhouri Assaf for Warden, California City Correction Center (Assaf, Nisreen) (Entered: 05/26/2026)

#5

May 26, 2026

EO: After reviewing the petition for writ of habeas corpus, Dkt. No. 1, the court has concluded that this case would benefit from the appointment of counsel. Within seven 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 Smith_Orders@hid.uscourts.gov, and the Clerk's Office shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this order, the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may amend or supplement the original petition. Dkt. No. 1 . The Clerk's Office is directed to serve a copy of the original petition, Dkt. No. 1, on the Federal Defender. After counsel is appointed and any amended or supplemental petition is filed, the court may set a briefing schedule. Because the relief requested in Petitioner's motion for immediate release or, in the alternative, for a bond hearing, Dkt. No. 2, mirrors the prayer for relief in the petition, the motion is DENIED. Given the court's ongoing consideration of the petition, and unless and until the court orders otherwise, the court ORDERS that Respondent shall not transfer or otherwise take Petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/26/2026)

May 26, 2026

Service by Mail

May 26, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 5 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on May 26, 2026. (Deputy Clerk AB)

May 26, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Luca De Avila Romero at the address of record on May 26, 2026. (Deputy Clerk AB)

May 26, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Luca De Avila Romero. (Deputy Clerk LJB)

May 26, 2026

Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings

#6

Jun 01, 2026

EO: The appointing authority for the Eastern District of California has notified the court by email that there is no available counsel for appointment in this case by the court's deadline. The deadline is therefore EXTENDED for three business days, to Thursday, June 4, 2026. If a further extension is needed, the appointing authority may again contact chambers directly by email. Alternatively, if it becomes apparent that counsel cannot be timely secured for this petitioner, the appointing authority may provide that update to the court. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/01/2026)

Jun 01, 2026

Minute Order

Jun 01, 2026

Service by Mail

Jun 01, 2026

SERVICE BY MAIL: A copy of Dkt. No. 6 Entering Order, was served on Luca De Avila Romero at the address of record on June 1, 2026. (Deputy Clerk AB)

#7

Jun 04, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 5 Entering Order. Attorney Roseann S. Wall is hereby APPOINTED as CJA counsel for Petitioner Luca De Avila Romero. The court permits pro hac vice counsel Roseann S. Wall to be attorney of record in this matter. The Clerk of Court shall update the docket to reflect said attorney at 607 Old Steese Hwy B-155 Fairbanks, Alaska 99701, 907-374-9339, rsw@thewallfirm.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 6/2/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/05/2026)

Jun 05, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Jun 18, 2026

Extension of Time

#9

Jun 18, 2026

Shorten Time

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Jun 18, 2026

EO: Before the court is Petitioner's unopposed motion for extension of time. Dkt. No. 8 . For good cause shown, the motion is GRANTED. Petitioner may amend or supplement the original petition, Dkt. No. 1, on or before July 16, 2026. After any amended or supplemental petition is filed, the court may set a briefing schedule. Petitioner's motion for expedited consideration of unopposed motion for extension of time is DENIED AS MOOT. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/18/2026)

Jun 18, 2026

Minute Order AND Order on Motion for Extension of Time AND Order on Motion to Shorten Time

#11

Jul 13, 2026

Amended Petition for Writ of Habeas Corpus

#12

Jul 14, 2026

EO: The court has reviewed Petitioner's first amended petition for writ of habeas corpus. Dkt. No. 11 . The issues raised in Count I of the first amended petition appear to mirror those previously addressed by this court and others in many prior cases, particularly whether Petitioner's due process rights have been violated. See Duanes L.L. v. Warden of the California City Det. Facility, No. 1:26-cv-04906-MWJS, 2026 WL 1898977 (E.D. Cal. July 1, 2026); Raul C.E. v. Murray, No. 1:26-CV-04052-MWJS, 2026 WL 1578958 (E.D. Cal. June 2, 2026); Danilo J.Q.E. v. Mullin, No. 1:26-cv-03370-MWJS, 2026 WL 1257548 (E.D. Cal. May 7, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See 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."). On or before July 16, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from cases like those listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. Petitioner may file a reply on or before July 20, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/14/2026)

Jul 14, 2026

Minute Order

#13

Jul 17, 2026

EO: On July 14, 2026, the court ordered Respondents to show cause whether there are any factual or legal issues in this case that render it distinguishable from Duanes L.L. v. Warden of the California City Det. Facility, No. 1:26-cv-04906-MWJS, 2026 WL 1898977 (E.D. Cal. July 1, 2026); Raul C.E. v. Murray, No. 1:26-CV-04052-MWJS, 2026 WL 1578958 (E.D. Cal. June 2, 2026); Danilo J.Q.E. v. Mullin, No. 1:26-cv-03370-MWJS, 2026 WL 1257548 (E.D. Cal. May 7, 2026); and other similar cases. Dkt. No. 12 . The court instructed Respondents to file their response by July 16, 2026, but they did not do so. On or before July 21, 2026, Respondents are ORDERED to comply with the court's July 14, 2026, order. Petitioner may file a reply on or before July 23, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/17/2026)

Jul 17, 2026

Minute Order

#14

Jul 21, 2026

RESPONSE by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), a component of Department of Homeland Security, Caleb Vitello, Warden, California City Correction Center to 13 Minute Order,,,. (Attachments: # 1 Exhibit 1 I213, # 2 Exhibit 2 NTA, # 3 Exhibit 3 Bond1, # 4 Exhibit 4 Bond2)(Assaf, Nisreen) (Entered: 07/21/2026)

#15

Jul 23, 2026

REPLY by Luca De Avila Romero re 14 Response,. (Simko Wall, Roseann) (Entered: 07/23/2026)

#16

Jul 27, 2026

Order AND ~Util - Terminate Civil Case

#17

Jul 27, 2026

Judgment