Eastern District of California • 1:26-cv-04353

#1

Jun 08, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Francisco Castro Tojin. [$5.00 filing fee received on 06/8/2026. Receipt to be docketed on 06/09/2026] (Deputy Clerk AKP) (Entered: 06/09/2026)

#2

Jun 08, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Francisco Castro Tojin. (Deputy Clerk AKP) (Entered: 06/09/2026)

Jun 08, 2026

RECEIPT number 200019454 for $5.00 for filing fee from Francisco Castro Tojin. (Deputy Clerk VLK)

#3

Jun 09, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/09/2026)

#4

Jun 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City Immigration Processing Center (Yu, Jonathan) (Entered: 06/09/2026)

#5

Jun 09, 2026

ORDER re 1 Habeas Petition and 2 TRO signed by District Judge Noel Wise on 6/9/26. Respondents to file a Response to the 1 Habeas Petition by 6/23/26. Petitioner may file a reply by 6/30/26. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. As such, the 2 TRO, which only seeks an order enjoining Respondents from transferring Petitioner, is denied as moot. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar 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 via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition and 2 TRO upon the Federal Defender. (Thomas, Julia) (Entered: 06/09/2026)

#6

Jun 09, 2026

NOTICE of RELATED CASE(S) 1:26-cv-03308-MWJS, 1:26-cv-04353-NW by Warden, California City Immigration Processing Center. (Yu, Jonathan) (Entered: 06/09/2026)

Jun 09, 2026

SERVICE BY MAIL: 5 Order served on Francisco Castro Tojin. (Thomas, Julia)

Jun 09, 2026

Service by Mail

Jun 09, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Francisco Castro Tojin. (Deputy Clerk AKP)

#7

Jun 10, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Immigration Processing Center, attorney Jonathan Yu, GOVT terminated (Yu, Jonathan) (Entered: 06/10/2026)

#8

Jun 10, 2026

EO: This case, filed June 8, 2026, has been initiated by the same Petitioner who initiated a prior action, No. 1:26-cv-03308-MWJS, on April 30, 2026. Pursuant to Local Rule 190(d), the court ORDERS reassignment of case No. 1:26-cv-04353-NW to U.S District Judge Micah W. J. Smith. All future filings shall reflect this reassignment. The court's June 9, 2026, order, Dkt. No. 5, that set a briefing schedule, prohibits Respondent from removing Petitioner from the country of transferring him out of the Eastern District of California, and appointed counsel, remains in place. The appointing authority for the Eastern District of California shall send counsel's contact information to Smith_Orders@hid.uscourts.gov. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/10/2026)

#9

Jun 10, 2026

CLERK'S NOTICE REASSIGNING CASE. This case has been assigned to District Judge Micah W. J. Smith. The new case number is: 1:26-cv-04353-MWJS. (Deputy Clerk AB) (Entered: 06/10/2026)

Jun 10, 2026

Service by Mail

Jun 10, 2026

Minute Order

Jun 10, 2026

SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, and Dkt. No. 9 Clerk's Notice Reassigning Case was served on Francisco Castro Tojin at the address of record on 6/10/2026. (Deputy Clerk AB)

#10

Jun 18, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 5 Entering Order. Attorney Toni LaShay White is hereby APPOINTED as CJA counsel for Petitioner Francisco Castro Tojin. The Clerk of Court shall update the docket to reflect said attorney at PO Box 1081 El Dorado, CA 95623, 530-885-6244, toniwhite6311@gmail.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 6/18/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/18/2026)

Jun 18, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

Jun 23, 2026

Dismiss

#12

Jun 24, 2026

Notice (Other)

#13

Jun 25, 2026

DIGITAL AUDIO RECORDING of Bond Hearing filed by Warden, California City Immigration Processing Center re 12 . Date & Time 05/19/2026 09:00, Duration 00:32:48. File size [15.6 MB]. (Andrews, Anthony) (Entered: 06/25/2026)

#14

Jun 30, 2026

Miscellaneous Relief

#15

Jun 30, 2026

Request

#16

Jun 30, 2026

EO: Before the court is Petitioner's request to stay briefing date in light of government filing relative to voluntary departure. Dkt. No. 15 . For good cause shown, Petitioner's request is GRANTED. Petitioner is ORDERED to respond to Respondents' motion to dissolve do not remove/transfer orders, Dkt. No. 14, on or before July 7, 2026. In the ALTERNATIVE, Petitioner may request to voluntarily dismiss this action pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure on or before July 7, 2026. Any such dismissal will be without prejudice. Respondents may reply to any response filed by Petitioner on or before July 10, 2026. In the meantime, any previously ordered briefing deadlines on the underlying petition, see Dkt. 5, are STAYED. If needed, the Court will set additional deadlines on Respondents' motion to dismiss based on exhaustion of administrative remedies, Dkt. No. 11, in a separate order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/30/2026)

Jun 30, 2026

Minute Order AND Order on Request AND ~Util - 1 Set/Reset Deadlines and Hearings

#17

Jul 07, 2026

RESPONSE by Francisco Castro Tojin to 14 Motion for Miscellaneous Relief. (White, Toni) (Entered: 07/07/2026)

#18

Jul 10, 2026

Extension of Time

#19

Jul 10, 2026

EO: For good cause shown, and noting the lack of any opposition, the court grants Respondent's 18 Unopposed Motion for Extension of Time to File Reply to Response. ECF No. 18. Respondent shall file a reply by July 14, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/10/2026)

Jul 10, 2026

Minute Order AND Order on Motion for Extension of Time

#20

Jul 14, 2026

REPLY by Warden, California City Immigration Processing Center re 17 Response. (Andrews, Anthony) (Entered: 07/14/2026)

#21

Jul 14, 2026

DIGITAL AUDIO RECORDING of Hearing (beginning-interpreter) filed by Warden, California City Immigration Processing Center. Date & Time 06/26/2026, Duration 00:01:55. File size [0.9 MB]. (Andrews, Anthony) (Entered: 07/14/2026)

#22

Jul 14, 2026

DIGITAL AUDIO RECORDING of Hearing (substantive portion) filed by Warden, California City Immigration Processing Center. Date & Time 06/26/2026, Duration 00:21:57. File size [10.5 MB]. (Andrews, Anthony) (Entered: 07/14/2026)

#23

Jul 14, 2026

EO: On or before July 21, 2026, Petitioner must respond to Respondent's motion to dismiss. Dkt. 11 . In his response, Petitioner must address how, if at all, this case is distinguishable from other cases that have been dismissed because the petitioner failed to exhaust administrative remedies. See Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011); Gagik T. v. Chestnut, No. 1:26-cv-02839-MWJS, 2026 WL 1216897, at *2-4 (E.D. Cal. May 4, 2026). Respondent may file a reply on or before July 24, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/14/2026)

Jul 14, 2026

Minute Order

#25

Jul 27, 2026

Order AND ~Util - Terminate Civil Case

#26

Jul 27, 2026

Judgment