Eastern District of California • 1:26-cv-04775

#1

Jun 22, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Kristi Noem, Pam Bondi, Christopher Chestnut, Todd M. Lyons by Marcial Jimenez Julio Cesar. (Deputy Clerk JPX) (Entered: 06/23/2026)

#2

Jun 22, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Marcial Jimenez Julio Cesar. (Deputy Clerk JPX) (Entered: 06/23/2026)

#3

Jun 22, 2026

MOTION to APPOINT COUNSEL by Marcial Jimenez Julio Cesar. (Deputy Clerk JPX) (Entered: 06/23/2026)

#4

Jun 23, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Marcial Jimenez Julio Cesar signed by Visiting Judge Micah WJ Smith on 6/23/2026. (Deputy Clerk JPX) (Entered: 06/23/2026)

#5

Jun 23, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 06/23/2026)

#6

Jun 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Sergio Albarran,Anthony Andrews for Pam Bondi,Anthony Andrews for Christopher Chestnut,Anthony Andrews for Todd M. Lyons,Anthony Andrews for Kristi Noem (Andrews, Anthony) (Entered: 06/23/2026)

#7

Jun 23, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1, and Motion to Appoint Counsel, ECF No. 3 . Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Petitioner's 3 Motion to Appoint Counsel, is therefore 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. 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: 06/23/2026)

Jun 23, 2026

Service by Mail

Jun 23, 2026

SERVICE BY MAIL: 4 Order Authorizing IFP Status, 5 Immigration New Case Documents served on Marcial Jimenez Julio Cesar. (Deputy Clerk JPX)

Jun 23, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Marcial Jimenez Julio Cesar at the address of record on 6/23/2026. (Deputy Clerk AB)

Jun 23, 2026

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

Jun 23, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 7 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 23, 2026. (Deputy Clerk AB)

#8

Jun 30, 2026

EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 7 Entering Order. Attorney Jan Karowsky is hereby APPOINTED as CJA counsel for Petitioner Marcial Jimenez Julio Cesa. The Clerk of Court shall update the docket to reflect said attorney at 2701 Del Paso Rd, Ste. 130-276, Sacramento, CA 95835-2305, karowskylaw@sbcglobal.net respectively, as counsel for Petitioner in this matter, nunc pro tunc to 6/29/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/30/2026)

Jun 30, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#9

Jul 01, 2026

Notice of Appearance

#10

Jul 03, 2026

Amended Petition for Writ of Habeas Corpus

#11

Jul 03, 2026

Notice (Other)

#12

Jul 07, 2026

EO: The court has received and reviewed Petitioner's 10 First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and 11 Notice re Pro Se Application for Temporary Restraining Order. It is not clear from the face of the First Amended Petition whether Petitioner is entitled to relief. Accordingly, 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: 07/07/2026)

Jul 07, 2026

Minute Order

#13

Jul 14, 2026

Answer to Petition for Writ of Habeas Corpus

#14

Jul 17, 2026

EO: The court has received and reviewed Respondents' 13 Answer and Opposition to Petition for Writ of Habeas Corpus. In it, Respondents submit that Petitioner is mandatorily detained pursuant to 8 U.S.C. § 1225(b)(2) but assert 8 U.S.C § 1226(c) as an "alternative ground" for Petitioner's detention, based on the theory that Petitioner "was convicted of Hit and Run, which may be a [crime involving moral turpitude]." Dkt. No. 13, at pg. 2. The record does not reflect, however, whether Respondents have ever previously asserted section 1226(c) as a basis for Petitioner's detention. By July 17, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether section 1226(c) was ever asserted as a basis for Petitioner's detention prior to the filing of the 1 Petition, including whether an initial custody determination was conducted under 8 C.F.R. § 236.1(c)(8) and whether a Form I-286, Notice of Custody Determination served to Petitioner under 8 C.F.R. § 236.1(g). If section 1226(c) was not ever asserted prior to the filing of the Petition, Respondents are FURTHER ORDERED TO SHOW CAUSE as to why exhaustion should not be excused. In other words, Respondents should address why it would be appropriate to expect Petitioner to exhaust administrative remedies to test a government position that had not actually been asserted prior to the filing of the Petition. The briefing schedule set out in the court's EO, Dkt. No. 12, remains in effect. Petitioner may file a traverse by July 21, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/17/2026)

#15

Jul 17, 2026

Extension of Time

#16

Jul 17, 2026

EO: For good cause shown, the court grants Respondents' 15 request for an extension of time to file a reply to the court's order to show cause. See ECF No. 15. Respondents shall file their response by July 21, 2026. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/17/2026)

Jul 17, 2026

Minute Order AND Order on Motion for Extension of Time

Jul 17, 2026

Minute Order

#17

Jul 21, 2026

RESPONSE to 14 ORDER to SHOW CAUSE by Sergio Albarran, Pam Bondi, Christopher Chestnut, Todd M. Lyons, Kristi Noem. (Andrews, Anthony) (Entered: 07/21/2026)

#18

Jul 23, 2026

Traverse

#19

Jul 24, 2026

Order

#20

Jul 24, 2026

Judgment AND ~Util - Terminate Civil Case