Eastern District of California • 1:26-cv-05285

#1

Jul 09, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Juan Jose Vargas Ocampo. [$5.00 filing fee received 7/9/2026. Receipt to be docketed on 7/10/2026] (Deputy Clerk DAR) (Entered: 07/10/2026)

#2

Jul 09, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Juan Jose Vargas Ocampo. (Deputy Clerk DAR) (Entered: 07/10/2026)

Jul 09, 2026

RECEIPT number 200019969 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)

#3

Jul 10, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/10/2026)

#4

Jul 10, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Immigration Processing Center (Andrews, Anthony) (Entered: 07/10/2026)

#5

Jul 10, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 7/10/2026: The petition for writ of habeas corpus is dismissed without prejudice, as petitioner has not exhausted his administrative remedy before the BIA. On June 1, 2026, Petitioner received a bond hearing pursuant to 8 U.S.C. § 1226(a) in immigration court. Dkt. No. 1 at 2. Following that hearing, the immigration judge denied bond, placing the burden on petitioner and finding that petitioner is a flight risk. Id. Petitioner previously filed a habeas petition in this district (1:26-cv-04267-KES-CDB) challenging the IJ's finding. This action was dismissed for failure to exhaust his administrative remedies. Id. In this second petition, Petitioner contends that he filed a Notice of Appeal of the IJ's decision with the BIA on July 6, 2026. Id. He re-raises the same claims in this petition, arguing that he has now exhausted his remedies and the immigration judge erred in denying him bond. A noncitizen "dissatisfied with the IJ's bond determination" must ordinarily "file an administrative appeal so that the necessity of detention can be reviewed by... the BIA." Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (internal citation omitted). If Petitioner "remain[s] dissatisfied" after the BIA rules on his appeal, then he may "file a petition for habeas corpus in the district court." Id. Petitioner has not exhausted his remedies here because the BIA has not yet ruled on his appeal. "When a petitioner does not exhaust administrative remedies, a district court ordinarily should either dismiss the petition without prejudice or stay the proceedings until the petitioner has exhausted remedies[.]" Id. The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Text Only Entry) (CASE CLOSED) (Thomas, Julia) (Entered: 07/10/2026)

Jul 10, 2026

Minute Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case

Jul 10, 2026

SERVICE BY MAIL: 5 Minute Order served on Petitioner. (Thomas, Julia)

Jul 10, 2026

Service by Mail

Jul 10, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Juan Jose Vargas Ocampo. (Deputy Clerk DAR)