Eastern District of California • 1:26-cv-04762

(HC) Garcia Lafferte v. Warden, California City Immigration Processing Center

Active

Case Information

Filed: June 22, 2026
Assigned to: Troy Lynne Nunley
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 22, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Lazaro Garcia Lafferte. (Deputy Clerk AKP) (Entered: 06/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/23/2026)
Main Document: Immigration New Case Documents
#3
Jun 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 6/23/2026: The matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents 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."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 06/23/2026)
#4
Jun 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Immigration Processing Center (Andrews, Anthony) (Entered: 06/23/2026)
Main Document: DESIGNATION
Jun 23, 2026
Service by Mail
Jun 23, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Lazaro Garcia Lafferte. (Deputy Clerk AKP)
Jun 23, 2026
Minute Order
Jun 23, 2026
SERVICE BY MAIL: 3 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk MDK)
#5
Jun 26, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/26 GRANTING Petitioner 30 days to either pay the $5.00 filing fee or submit a request to proceed in forma pauperis. Respondent is GRANTED 14 days to file a response to 1 Petition for Writ of Habeas Corpus. Petitioner may file a reply within 14 days of service of the response. (Deputy Clerk JAW) (Entered: 06/26/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jun 26, 2026
SERVICE BY MAIL: 5 Order and IFP application served on Lazaro Garcia Lafferte. (Deputy Clerk JAW)
Jun 26, 2026
Service by Mail
#6
Jul 10, 2026
ANSWER and OPPOSITION to 1 Petition for Writ of Habeas Corpus by Warden, California City Immigration Processing Center. (Andrews, Anthony) Modified on 7/16/2026 (HAH). (Entered: 07/10/2026)
Main Document: ANSWER
Jul 24, 2026
RECEIPT number 100008953 for the filing fee in the amount of $5.00 paid on 7/24/2026 by Lazaro Garcia. (Deputy Clerk CRM)
#7
Jul 27, 2026
TRAVERSE to 6 Answer by Lazaro Garcia Lafferte. (Deputy Clerk JAW) (Entered: 07/28/2026)
Main Document: TRAVERSE
#8
Aug 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/11/2026: Respondent claims that Petitioner is detained pursuant to 8 U.S.C. § 1226(c)(1)(E), but also informed the Court that Petitioner has been ordered removed. ECF No. 6 at 30-33. The appeal deadline has passed but neither the record nor the publicly-available EOIR case status information website indicates whether Petitioner has filed an appeal or the removal order has become final. Should the order become final, Petitioner's detention would be governed by 8 USC § 1231, rather than § 1226. This shift in detention authority would impact the Court's analysis of the Petition. Petitioner is DIRECTED to submit a notice within 3 (three) days informing the Court whether he has filed or intends to file an appeal of the removal order to the Board of Immigration Appeals. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/11/2026)
Aug 11, 2026
Service by Mail
Aug 11, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 11, 2026
SERVICE BY MAIL: 8 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk LMK)
#9
Aug 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/24/2026: Petitioner has not responded to the 8/11/2026 8 Minute Order. The record is still unclear as to whether Petitioner is subject to a final order of removal, which is relevant to determining the appropriate detention authority. Respondent submitted a copy of a removal order dated 6/16/2026 (ECF No. 6 at 30-33) but the EOIR Automated Case Information portal (https://acis.eoir.justice.gov/en/caseInformation) indicates that removal proceedings are still pending. Additionally, Petitioner made an argument regarding the timing of the issuance of the warrant vs. the notice to appear (NTA), but Respondent submitted an NTA for a noncitizen who is not a party to this matter. Finally, Respondent's argument regarding detention pursuant to the Laken Riley Act is premised in part on the fact that charges in the criminal matter remain pending, but the record is unclear as to the current status of the charges. In order for the Court to properly identify the detention authority and analyze Petitioner's due process claim, the Court hereby ORDERS Respondent to provide the Court the following, within seven (7) days: 1. Clarification as to whether the 6/16/2026 removal order has become administratively final, including whether the matter has been appeal or reopened, or any other explanation as to why the EOIR portal indicates the matter is still pending; 2. If the removal order has become administratively final, whether Respondent has encountered or anticipates encountering any impediments to removing Petitioner within the 90-day removal period; 3. An unredacted copy of any Notice to Appear (I-862) issued to Petitioner Lazaro Garcia Lafferte, A 216-587-622; 4. Outcome of or update on Petitioner's criminal charges. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/24/2026)
Aug 24, 2026
SERVICE BY MAIL: 9 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk LMK)
Aug 24, 2026
Service by Mail
Aug 24, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Aug 31, 2026
RESPONSE to 9 Minute Order and MOTION for 2-DAY EXTENSION OF TIME by Warden, California City Immigration Processing Center. (Andrews, Anthony) Modified on 9/2/2026 (HAH). (Entered: 08/31/2026)
Main Document: Extension of Time
#11
Sep 01, 2026
SUPPLEMENT to Record and MOTION to DISSOLVE 3 No-Transfer Order by Warden, California City Immigration Processing Center. (Andrews, Anthony) Modified on 9/3/2026 (HAH). (Entered: 09/01/2026)
Main Document: Miscellaneous Relief
#12
Sep 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 9/1/2026: Respondents 10 Motion for an Extension of Time is GRANTED. Respondents are GRANTED until 9/2/2026, to comply with the court's 8/24/2026 Order (ECF No. 9). Petitioner A No. 216 587 622. (Text Only Entry) (Deputy Clerk LMK) (Entered: 09/01/2026)
#13
Sep 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/1/2026: Before the Court is Respondent's Motion to Dissolve the No-Transfer Order. (ECF No. 11 .) Respondent presents no argument, but makes the motion "[b]ased on the record before the court, including ECF 10[.]" (Id.) In that filing, Respondent states that "[a]ccording to information received from ICE, the removal order is administratively final as no appeal was received by the Board of Immigration appeals and EOIR failed to update the portal. ICE advised there is no impediment to Petitioner's removal within the 90-day removal period other than the court's no-transfer order." (ECF No. 10 .) Respondent does not provide any records or evidence to support these statements. In light of the known delays in the processing BIA appeals and lack of direct confirmation from BIA that Petitioner did not file an appeal, Respondent's representation is insufficient to justify the Court modifying its prior order. Additionally, Respondent does not claim any steps have been taken to execute the removal order such as obtaining travel documents. Accordingly, Respondent's motion is DENIED. (ECF No. 11 .) (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/01/2026)
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 12 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk LMK)
Sep 01, 2026
Minute Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 01, 2026
SERVICE BY MAIL: 13 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk MDK)
Sep 01, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
#14
Sep 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 9/3/2026: Respondents are GRANTED 7 (seven) days within which to file evidence in support counsel for Respondents' assertion that Petitioner did not appeal his order of removal to the Board of Immigration Appeals and that his order of removal is now final. Petitioner A No. 216 587 622. (Text Only Entry) (Deputy Clerk LMK) (Entered: 09/03/2026)
Sep 03, 2026
SERVICE BY MAIL: 14 Minute Order served on Lazaro Garcia Lafferte. (Deputy Clerk LMK)
Sep 03, 2026
Service by Mail
Sep 03, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#16
Sep 14, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
Sep 14, 2026
Service by Mail

Parties

(HC) Garcia Lafferte
Party
Warden, California City Immigration Processing Center
Party