Eastern District of California • 1:26-cv-05281

#1

Jul 09, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against 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 Central Valley Annex Detention Facility by Jose Eduardo Chavez Quispe. (Deputy Clerk CM) (Entered: 07/09/2026)

#2

Jul 09, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Eduardo Chavez Quispe. (Deputy Clerk CM) (Entered: 07/09/2026)

#3

Jul 09, 2026

MOTION to APPOINT COUNSEL by Jose Eduardo Chavez Quispe. (Deputy Clerk CM) (Entered: 07/09/2026)

#4

Jul 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Jose Eduardo Chavez Quispe. (Deputy Clerk CM) (Entered: 07/09/2026)

#5

Jul 09, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jose Eduardo Chavez Quispe signed by Visiting Judge Micah WJ Smith on 07/09/2026. (Deputy Clerk CM) (Entered: 07/09/2026)

#6

Jul 09, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk CM) (Entered: 07/09/2026)

Jul 09, 2026

Service by Mail

Jul 09, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status served on Jose Eduardo Chavez Quispe. (Deputy Clerk CM)

#7

Jul 10, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, Dkt. No. 1, Motion to Appoint Counsel, Dkt. No. 3, and Motion for Temporary Restraining Order, Dkt. No. 4 . The court intends to rule directly on the Petition. See 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and disposeof [a petitioner's habeas petition] as law and justice require."). On or before July 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to the following three questions: 1. Is Petitioner subject to a final order of removal? 2. Is Petitioner subject to mandatory detention pursuant to 8 U.S.C. § 1226(c) or any provisionofthe INA other than § 1225(b)(2)? 3. 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 Germinal v. Warden of the Mesa Verde Detention Facility, 1:26-cv-03776-MWJS; Fernandes Lima v. Warden, No. 1:26-cv-03651-MWJS; De Leon Sales v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS. Petitioner may file a reply on or before July 15, 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. And given the court's ongoing considerationofthe Petition and Motion, 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: 07/10/2026)

Jul 10, 2026

Service by Mail

Jul 10, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, served on Jose Eduardo Chavez Quispe. (Deputy Clerk AB)

Jul 10, 2026

Minute Order

#8

Jul 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Current or Acting Director United States Immigration and Customs Enforcement,Shelley D. Weger, GOVT for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Shelley D. Weger, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Shelley D. Weger, GOVT for Current or Acting United States Attorney General,Shelley D. Weger, GOVT for Warden of the Central Valley Annex Detention Facility (Weger, Shelley) (Entered: 07/13/2026)

#9

Jul 13, 2026

Notice of Related Case

#10

Jul 13, 2026

MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action 1:26-cv-05281-MWJS is related to Case No. 1:26-cv-02557-JLT-SAB because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Thus, the Court ORDERS that Case No. 1:26-cv-05281-MWJS is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Stanley A. Boone. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on July 13, 2026. (Deputy Clerk IM) (Entered: 07/13/2026)

Jul 13, 2026

Service by Mail

Jul 13, 2026

SERVICE BY MAIL: 10 Minute Order served on Jose Eduardo Chavez Quispe. (Deputy Clerk IM)

Jul 13, 2026

Minute Order

#11

Jul 14, 2026

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Stanley A. Boone. The new case number is: 1:26-cv-05281-JLT-SAB. (Deputy Clerk CRM) (Entered: 07/14/2026)

#12

Jul 14, 2026

MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 4). Petitioner asserts that he has been detained since March 18, 2026 (Doc. 1 at 5), nearly four months ago. He does not explain his delay in seeking his request for a temporary restraining order or why despite this delay, the Court should treat the situation as an emergency. Thus, the TRO request is untimely, and it is DENIED. Local Rule 231(b).The Court refers the matter to the assigned magistrate judge for a determination on the merits. In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District . See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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"). Given the circumstances, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such relief signed by District Judge Jennifer L. Thurston on July 14, 2026. (Deputy Clerk IM) (Entered: 07/14/2026)

#13

Jul 14, 2026

Answer to Petition for Writ of Habeas Corpus

Jul 14, 2026

SERVICE BY MAIL: 12 Minute Order on Motion for TRO served on Jose Eduardo Chavez Quispe. (Deputy Clerk IM)

Jul 14, 2026

Order on Motion for TRO

Jul 14, 2026

Service by Mail

#14

Jul 15, 2026

Certificate / Proof of Service