Eastern District of California • 1:26-cv-04570
(HC) Garcia Velazquez v. Warden, California City Immigration Processing Center
Completed
Case Information
Filed: June 15, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 26, 2026
Last Activity:
July 17, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 15, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Jose Gumercindo Garcia Velazquez. [$5.00 filing fee received on 06/15/2026. Receipt to be docketed on 06/16/2026] (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Gumercindo Garcia Velazquez. (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document:
Temporary Restraining Order
#3
Jun 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/16/2026)
Main Document:
Immigration New Case Documents
#4
Jun 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, California City Immigration Processing Center (Rodriguez, Camilo) (Entered: 06/16/2026)
Main Document:
DESIGNATION
#5
Jun 16, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 16, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO preventing his immediate transfer is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that his detention violates the Immigration and Nationality Act and the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. Accordingly, Petitioner's Motion for TRO is GRANTED. (ECF No. 2 .) Pending the Court's ruling on the Habeas Petition (ECF No. 1 ), Respondent shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction.") Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by June 18, 2026. The matter is not set for hearing at this time. Respondent may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/16/2026)
Jun 16, 2026
Minute Order AND Order on Motion for TRO
Jun 16, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Gumercindo Garcia Velazquez. (Deputy Clerk MDK)
Jun 16, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Gumercindo Garcia Velazquez. (Deputy Clerk AKP)
Jun 16, 2026
RECEIPT number 200019561 for $5.00 filing fee for Jose Gumercindo Garcia Velazquez. (Deputy Clerk KML)
Jun 16, 2026
Service by Mail
#6
Jun 18, 2026
RESPONSE by Warden, California City Immigration Processing Center to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rodriguez, Camilo) (Entered: 06/18/2026)
Main Document:
RESPONSE
#7
Jun 26, 2026
Order AND ~Util - Terminate Civil Case
#8
Jun 26, 2026
Judgment
Main Document:
Judgment
Jun 26, 2026
SERVICE BY MAIL: 7 Order, 8 Judgment served on Jose Gumercindo Garcia Velazquez. (Deputy Clerk JAW)
Jun 26, 2026
Service by Mail
#9
Jun 29, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#10
Jun 30, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on June 30, 2026: The Court is in receipt of Petitioner's motion to dismiss his petition for writ of habeas corpus and dissolve the temporary restraining order issued on June 16, 2026. (ECF No. 9 .) On June 26, 2026, the Court granted Petitioner's habeas petition, ordered his immediate release, enjoined Respondents from re-detaining Petitioner absent due process, and closed the case. (ECF No. 7 .) Because the case is closed the temporary restraining order has already dissolved and there is no pending petition left to dismiss. Petitioner may make any decision regarding his immigration case, including voluntary departure, if he so chooses. Nothing in the Court's permanent injunction prevents Petitioner from departing the country of his own volition. Accordingly, Petitioner's motion to dismiss (ECF No. 9 ) is DENIED as moot. The Clerk of Court is directed to serve a copy of this Order on Petitioner. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/30/2026)
#11
Jun 30, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Jun 30, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
Jun 30, 2026
SERVICE BY MAIL: 10 Minute Order served on Jose Gumercindo Garcia Velazquez. (Deputy Clerk MDK)
Jun 30, 2026
Service by Mail
Jul 06, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 7 Order and 8 Judgment sent to Jose Gumercindo Garcia Velazquez. (Deputy Clerk DAR)
Jul 13, 2026
MAIL RETURNED as Return to Sender, Not Deliverable as Addressed, Unable to Forward: 10 Minute Order sent to Jose Gumercindo Garcia Velazquez. (Deputy Clerk AKP)
#12
Jul 17, 2026
RESPONSE by Warden, California City Immigration Processing Center to 10 Minute Order,,,,, Order on Motion for Miscellaneous Relief,,,, 1 Petition for Writ of Habeas Corpus. Attorney Ray, Zachary John added. (Attachments: # 1 Exhibit 1 (I-213), # 2 Exhibit 2 (NTA))(Ray, Zachary) (Entered: 07/17/2026)
Main Document:
RESPONSE
Parties
(HC) Garcia Velazquez
Party
Warden, California City Immigration Processing Center
Party