Eastern District of California • 1:26-cv-04392

#1

Jun 08, 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 California City Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Estrella Del Rosario Garcia Morales. (Deputy Clerk LJB) (Entered: 06/09/2026)

#2

Jun 08, 2026

MOTION to APPOINT COUNSEL by Estrella Del Rosario Garcia Morales. (Deputy Clerk LJB) (Entered: 06/09/2026)

#3

Jun 08, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Estrella Del Rosario Garcia Morales. (Deputy Clerk LJB) (Entered: 06/09/2026)

#4

Jun 09, 2026

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

#5

Jun 09, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Estrella Del Rosario Garcia Morales signed by Visiting Judge Micah WJ Smith on 06/09/26. (Deputy Clerk LJB) (Entered: 06/09/2026)

#6

Jun 09, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the California City Detention Facility (Yu, Jonathan) (Entered: 06/09/2026)

#7

Jun 09, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, Dkt. No. 1, and Motion to Appoint Counsel, Dkt. No. 2 . Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Petitioner's 2 Motion to Appoint Counsel, is therefore GRANTED. Within fourteen (14) 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. 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 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. After counsel is appointed, the court will set a schedule for briefing on the 1 Petition for Writ of Habeas Corpus. And given the court's ongoing consideration of Petitioner's Petition, 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: 06/09/2026)

Jun 09, 2026

Service by Mail

Jun 09, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on strella Del Rosario Garcia Morales at the address of record on June 9, 2026. (Deputy Clerk AB)

Jun 09, 2026

SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 4 Immigration New Case Documents served on Estrella Del Rosario Garcia Morales. (Deputy Clerk LJB)

Jun 09, 2026

Minute Order AND Order on Motion to Appoint Counsel

#8

Jul 27, 2026

EO: On June 9, 2026, the court issued an order instructing the appointing authority for the Eastern District of California to identify counsel for Petitioner on or before June 23, 2026. Dkt. No. 7 . To the extent the appointing authority requires additional time, they should notify the court. Absent that, on or before August 10, 2026, the appointing authority 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. Within fourteen days of appointment of counsel, Petitioner may supplement of amend the petition for a writ of habeas corpus, Dkt. No. 1 . IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/27/2026)

Jul 27, 2026

Service by Mail

Jul 27, 2026

SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Estrella Del Rosario Garcia Morales. (Deputy Clerk AB)

Jul 27, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 8 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 July 27, 2026. (Deputy Clerk AB)

Jul 27, 2026

Minute Order

#9

Jul 28, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. Nos. 7 and 8 Entering Orders. Attorney V. Natasha Perdew Silas, is hereby APPOINTED as CJA counsel for Petitioner Estrella Del Rosario Garcia Morales. The Clerk of Court shall update the docket to reflect said attorney at 101 Marietta Street, NW Atlanta, Georgia 30303, 404-688-7530 respectively, as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/28/2026)

Jul 28, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#10

Aug 20, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 . Under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. 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: 08/20/2026)

Aug 20, 2026

Minute Order

#11

Aug 27, 2026

REPLY 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 California City Detention Facility re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Jonathan) (Entered: 08/27/2026)

#12

Sep 03, 2026

TRAVERSE by Estrella Del Rosario Garcia Morales. (Silas, Virginia) (Entered: 09/03/2026)

#13

Sep 11, 2026

EO: The court has received and reviewed Respondents' 11 Reply and Petitioner's 12 Traverse. In light of these filings, Respondents are ORDERED TO SHOW CAUSE as to the following questions by no later than September 14, 2026: 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,e.g., Carlos David R.F. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-04330-MWJS, 2026 WL 2365345 (E.D. Cal. Aug. 14, 2026);Carlos U.G. v. Warden of the Cal. City Detention Facility, No. 1:26-cv-04427-MWJS, 2026 WL 1999947 (E.D. Cal. July 10, 2026); Adan Fernando R.V. v. Warden of the Mesa Verde ICE Detention Facility, No. 1:26-cv-03234-MWJS, 2026 WL 1423564 (E.D. Cal. May 20, 2026); Juan Pablo R.F. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-03238-MWJS, 2026 WL 1365775 (E.D. Cal. May 15, 2026); Vikrant S. v. Warden of the Golden State Annex Detention Facility, No. 1:26-cv-02780, 2026 WL 1235115 (E.D. Cal. May 5, 2026). Petitioner may file a reply by September 15, 2026. IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/11/2026)

Sep 11, 2026

Minute Order

#14

Sep 17, 2026

EO: On September 11, 2026, the court issued an order directing Respondents to answer two questions in writing on or before September 14, 2026. Dkt. No. 13 . The court has not received from Respondents the required response. On or before September 18, 2026, Respondents are ORDERED to answer in writing the two questions previously posed by the court. First, was Petitioner ever previously detained and released by immigration authorities? Second, if the answer to the first question is yes, do Respondents believe that there are any factual or legal bases to distinguish this case from the many prior cases in which this court and other district judges have granted relief? See, e.g., Carlos David R.F. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-04330-MWJS, 2026 WL 2365345 (E.D. Cal. Aug. 14, 2026); Carlos U.G. v. Warden of the Cal. City Detention Facility, No. 1:26-cv-04427-MWJS, 2026 WL 1999947 (E.D. Cal. July 10, 2026); Adan Fernando R.V. v. Warden of the Mesa Verde ICE Detention Facility, No. 1:26-cv-03234-MWJS, 2026 WL 1423564 (E.D. Cal. May 20, 2026); Juan Pablo R.F. v. Warden, Golden State Annex Detention Facility, No. 1:26-cv-03238-MWJS, 2026 WL 1365775 (E.D. Cal. May 15, 2026); Vikrant S. v. Warden of the Golden State Annex Detention Facility, No. 1:26-cv-02780, 2026 WL 1235115 (E.D. Cal. May 5, 2026). If Respondents again fail to respond as ordered, the Court will take that as a concession that (1) immigration authorities released Petitioner prior to re-detaining her in September 2025, and (2) this case is analogous to the cases cited above and others like them. Petitioner may file a reply on or before September 21, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/17/2026)

#15

Sep 17, 2026

RESPONSE 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 California City Detention Facility to 14 Minute Order,,,,,,, 13 Minute Order,,,,,. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6)(Yu, Jonathan) (Entered: 09/17/2026)

#16

Sep 17, 2026

ORDER signed by District Judge Micah W. J. Smith on 9/17/2026 GRANTING petition for writ of habeas corpus, Dkt. No. 1 . Respondents must IMMEDIATELY RELEASE Estrella Del Rosario Garcia Morales (A# 213-120-648) from custody under the same conditions that governed his release prior to his current detention. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: California City Immigration Processing Center) CASE CLOSED. (DEPUTY CLERK AB) (Entered: 09/17/2026)

#17

Sep 17, 2026

JUDGMENT dated *9/17/2026* pursuant to Dkt. No. 16 Order signed by District Judge Micah W. J. Smith on 9/17/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/17/2026)

Sep 17, 2026

Minute Order

#18

Sep 21, 2026

NOTICE OF COMPLIANCE re 16 Order,, 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 California City Detention Facility. (Yu, Jonathan) (Entered: 09/21/2026)