Eastern District of California • 1:26-cv-04317

#1

Jun 05, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)

#2

Jun 05, 2026

MOTION to APPOINT COUNSEL by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)

#3

Jun 05, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Rogelio Cruz-Quirino. (Deputy Clerk LJB) (Entered: 06/08/2026)

#4

Jun 08, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 06/08/2026)

#5

Jun 08, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Rogelio Cruz-Quirino signed by Visiting Judge Micah WJ Smith on 06/08/26. (Deputy Clerk LJB) (Entered: 06/08/2026)

#6

Jun 08, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Current or Acting Director, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Secretary, United States Department of Homeland Security,Nisreen Fakhouri Assaf for Current or Acting United States Attorney General,Nisreen Fakhouri Assaf for Warden of the Golden State Annex Detention Facility (Assaf, Nisreen) (Entered: 06/08/2026)

#7

Jun 08, 2026

EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus. 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 June 10, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following three questions: 1. Is Petitioner subject to a final order of removal? 2. Is Petitioner subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) or any provision of the INA other than § 1225(b)(2)?3. Was Petitioner ever previously detained and released by immigration authorities? If the answer to this question is yes, do Respondents believe that there is any factual or legal basis to distinguish this case from the many prior cases in which district judges have addressed this issue? See Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; Fernandes Lima v. Warden, No. 1:26-cv-03651-MWJS, A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Petitioner may file a reply on or before June 12, 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. And given the court's ongoing consideration of the Petition and Motion, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/08/2026)

Jun 08, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Rogelio Cruz-Quirino. (Deputy Clerk LJB)

Jun 08, 2026

Service by Mail

Jun 08, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Rogelio Cruz-Quirino at the address of record June 8, 2026. (Deputy Clerk AB)

Jun 08, 2026

Minute Order

#8

Jun 12, 2026

RESPONSE to 7, 5 ORDER to SHOW CAUSE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Assaf, Nisreen) (Entered: 06/12/2026)

#9

Jun 16, 2026

EO: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and the Respondent's 8 Response to the court's Order to Show Cause, ECF No. 7. Upon review of the Petition and Response, the court believes this case would benefit from the appointment of counsel. Petitioner's 2 Motion to Appoint Counsel is GRANTED. 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, which shall update the docket to reflect counsel's appointment. Within fourteen days of appointment of counsel, Petitioner may supplement the Petition for Writ of Habeas Corpus. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/16/2026)

Jun 16, 2026

Minute Order AND Order on Motion to Appoint Counsel

Jun 16, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 9 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 June 16, 2026. (Deputy Clerk AB)

Jun 16, 2026

SERVICE BY MAIL: A copy of Dkt. No. 9 Entering Order, was served on Rogelio Cruz-Quirino at the address of record June 16, 2026. (Deputy Clerk AB)

Jun 16, 2026

Service by Mail

#10

Jun 22, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 9 Entering Order. Attorney Benjamin F. Hall is hereby APPOINTED as CJA counsel for Petitioner Rogelio Cruz-Quirino. The Clerk of Court shall update the docket to reflect said attorney at 801 1st St. Suite B Benicia, CA 94510, 415-776-1633, bhall@benhlaw.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 6/22/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/22/2026)

Jun 22, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

Jul 07, 2026

Miscellaneous Relief

#12

Jul 07, 2026

EO: Before the court is Petitioner's application for leave to file a supplement to the 1 Petition one day out of time. Dkt. No. 11. For good cause shown, the application is GRANTED. The court will consider the supplement filed with the application in resolving the petition. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/07/2026)

Jul 07, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#13

Jul 10, 2026

Order AND ~Util - Terminate Civil Case

#14

Jul 10, 2026

Judgment

#15

Jul 20, 2026

STATUS REPORT by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility. (Attachments: # 1 IJ Order)(Assaf, Nisreen) (Entered: 07/20/2026)

#16

Jul 31, 2026

Miscellaneous Relief

#17

Jul 31, 2026

EO: The court has received and reviewed Petitioner's 16 Motion to Enforce Judgment; Request for Appointment of Counsel. It is not clear from the face of the Motion whether Petitioner is entitled to relief. The court therefore orders the following: Within seven days of the date of service of this order, Respondents SHALL FILE A RESPONSE to the Motion. Also within seven days after service of this order, Respondents SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Motion. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondents shall not file a hard copy of the transcripts or other documents unless so ordered by this court. Petitioner MAY FILE a Reply within seven days of the service of Respondents' Answer. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/31/2026)

Jul 31, 2026

SERVICE BY MAIL: A copy of Dkt. No. 17 Entering Order, was served on Rogelio Cruz-Quirino. (Deputy Clerk AB)

Jul 31, 2026

Service by Mail

Jul 31, 2026

Minute Order