Eastern District of California • 1:26-cv-04862

#1

Jun 24, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden, California City Correction Center by Pedro Miguel Toro Marquez. (Deputy Clerk AML) (Entered: 06/25/2026)

#2

Jun 24, 2026

MOTION for Immediate Release or, in the Alternative, for a Bond Hearing by Pedro Miguel Toro Marquez. (Deputy Clerk AML) (Entered: 06/25/2026)

Jun 24, 2026

RECEIPT number 100008593 for $5.00 fbo Pedro Miguel Toro Marquez from Pedro Miguel Toro Marquez. (Deputy Clerk AML)

#3

Jun 25, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AML) (Entered: 06/25/2026)

#4

Jun 25, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Alejandro Mayorkas,Nisreen Fakhouri Assaf for U.S. Immigration and Customs Enforcement (ICE),Nisreen Fakhouri Assaf for Caleb Vitello,Nisreen Fakhouri Assaf for Warden, California City Correction Center (Assaf, Nisreen) (Entered: 06/25/2026)

#5

Jun 25, 2026

EO: The court has received and reviewed Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1, and his motion for immediate release or, in the alternative, for a bond hearing, Dkt. No. 2 . The court intends to rule on the petition. See 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."). On or before June 29, 2026, Respondents are ORDERED to answer in writing the following questions: 1. Is Petitioner subject to a final order of removal? If so, after being ordered removed, was Petitioner released under an order of supervision or otherwise released from custody by immigration authorities? If Petitioner was released, are there any factual or legal bases to distinguish this case from cases like Afshin A.N. v. Chestnut, No. CV 1:26-cv-03813-MWJS, 2026 WL 1726781 (E.D. Cal. June 15, 2026)? 2. In Respondents' view, is Petitioner subject to mandatory detention pursuant to any provision of the Immigration and Nationality Act other than 8 U.S.C. § 1225(b)(2)? If the answer is yes, what is the relevant detention authority and why do Respondents think that it applies to Petitioner? 3. Other than the circumstances covered by the first question, was Petitioner otherwise ever detained and released by immigration authorities? If the answer is yes, what were the circumstances of that release, and are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners in a variety of circumstances have been granted immediate release? See, e.g., Maxo Ben G. v. Warden of Mesa Verde Det. Facility, No. 1:26-cv-03776-MWJS, 2026 WL 1457554 (E.D. Cal. May 21, 2026); Kallebe C.L. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-03651-MWJS, 2026 WL 1374754 (E.D. Cal. May 14, 2026); A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); Sergio D.L.S. v. Warden, Cal. City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026). 4. If Petitioner was not previously detained and released by immigration authorities, are there any factual or legal bases to distinguish this case from the many prior cases in which other petitioners have been granted bond hearings? See, e.g., Juana G.R.P. v. Warden of the Cal. City Det. Facility, No. 1:26-cv-04406-MWJS, 2026 WL 1712375 (E.D. Cal. June 12, 2026); Bertoldo B.F. v. Warden, Cal. City Immigr. Processing Ctr., No. 1:26-cv-03634-MWJS, 2026 WL 1638322 (E.D. Cal. June 4, 2026)? 5. Was Petitioner previously granted a bond hearing before an immigration judge? If the answer is yes, when was that hearing held, what was the outcome, and what was the reasoning underlying the immigration judge's decision? Petitioner may file a reply on or before July 1, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. Because the court plans to rule promptly on the petition, and the petition and motion seek the same relief, the motion, Dkt. No. 2, is DENIED without prejudice. And given the court's ongoing consideration of the 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: 06/25/2026)

Jun 25, 2026

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

Jun 25, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Pedro Miguel Toro Marquez. (Deputy Clerk AB)

Jun 25, 2026

Service by Mail

Jun 25, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Pedro Miguel Toro Marquez. (Deputy Clerk AML)

#6

Jun 27, 2026

RESPONSE by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden, California City Correction Center to 2 Motion for Miscellaneous Relief, 1 Petition for Writ of Habeas Corpus, 5 Minute Order,,,,,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1)(Assaf, Nisreen) (Entered: 06/27/2026)

#7

Jul 01, 2026

RESPONSE to 5 ORDER to SHOW CAUSE by Pedro Miguel Toro Marquez. (Deputy Clerk LJB) (Entered: 07/01/2026)

#8

Jul 01, 2026

EO: The court has received and reviewed Respondents' response, Dkt. No. 6, and Petitioner's reply, Dkt. No. 7 . In their response, Respondents acknowledge that Petitioner is currently detained pursuant to 8 U.S.C. § 1226(a), and they do not oppose granting him a bond hearing. Dkt. No. 7, at pgs. 3-4. Respondents do not address, however, why a bond hearing--as opposed to release--is the appropriate remedy here. On or before July 6, 2026, Respondents are ORDERED to explain in writing how this case is legally or factually distinguishable from cases like Njafuh v. Andrews, No. 1:26-cv-03436-DAD-AC (HC), 2026 WL 1346860 (E.D. Cal. May 14, 2026) (ordering release of visa overstay who was detained after TPS status had terminated); Garcia v. Albarran, No. 26-cv-04839, 2026 WL 1454512 (N.D. Cal. May 21, 2026) (ordering release of noncitizen detained after TPS lapsed). To the extent Respondents believe that a bond hearing is the appropriate remedy on the facts of this case, they must explain why this is so in their view, and they must identify the strongest cases supporting their position. Petitioner is not expected to respond to Respondents' filing. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/01/2026)

Jul 01, 2026

Service by Mail

Jul 01, 2026

SERVICE BY MAIL: A copy of Dkt. No. 8 Entering Order, was served on Pedro Miguel Toro Marquez. (Deputy Clerk AB)

Jul 01, 2026

Minute Order

#9

Jul 06, 2026

Extension of Time

#10

Jul 06, 2026

EO: Before the court is Respondents' motion for an extension of time. Dkt. No. 9 . For good cause shown, the motion is GRANTED. Respondents are ORDERED to respond to the court's July 1, 2026, entering order, Dkt. No. 8, on or before July 9, 2026. Petitioner is not expected to respond to Respondents' filing. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/06/2026)

Jul 06, 2026

Minute Order AND Order on Motion for Extension of Time

Jul 06, 2026

Service by Mail

Jul 06, 2026

SERVICE BY MAIL: A copy of Dkt. No. 10 Entering Order, was served on Pedro Miguel Toro Marquez. (Deputy Clerk AB)

#11

Jul 07, 2026

RESPONSE to 8 ORDER to SHOW CAUSE by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden, California City Correction Center. (Assaf, Nisreen) (Entered: 07/07/2026)

#12

Jul 08, 2026

Order AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case

#13

Jul 08, 2026

Judgment

Jul 08, 2026

SERVICE BY MAIL: A copy of Dkt. No. 12 Order, and Dkt. No. 13 Judgment, was served on Pedro Miguel Toro Marquez. (Deputy Clerk AB)

Jul 08, 2026

Service by Mail

#14

Jul 20, 2026

STATUS REPORT by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden, California City Correction Center. (Attachments: # 1 IJ Order)(Assaf, Nisreen) (Entered: 07/20/2026)

#15

Jul 20, 2026

EO: The court has received and reviewed Respondents' 14 status report. The IJ order attached to the status report, Dkt. No. 14-1, appears to relate to a different petitioner. By July 21, 2026, Respondents shall file a status report confirming whether a bond hearing has been held for this Petitioner and, if so, the outcome of that hearing. If a bond hearing has been held, the status report must include a copy of the immigration judge's decision for this Petitioner or an explanation of why the decision is not available. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 07/20/2026)

Jul 20, 2026

SERVICE BY MAIL: A copy of Dkt. No. 15 Entering Order, was served Pedro Miguel Toro Marquez on 7/20/2026. (Deputy Clerk AB)

Jul 20, 2026

Service by Mail

Jul 20, 2026

Minute Order

#16

Jul 21, 2026

STATUS REPORT by Alejandro Mayorkas, U.S. Immigration and Customs Enforcement (ICE), Caleb Vitello, Warden, California City Correction Center. (Attachments: # 1 IJ Order)(Assaf, Nisreen) (Entered: 07/21/2026)