Eastern District of California • 1:26-cv-05608
(HC) Inciarte Olivero v. Acting Director, U.S. Immigration and Customs Enforcement
Active
Case Information
Filed: July 20, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
July 29, 2026
Parties:
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Docket Entries
#1
Jul 20, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex, Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office, Acting Director, U.S. Immigration and Customs Enforcement by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document:
Temporary Restraining Order
#3
Jul 20, 2026
MOTION to APPOINT COUNSEL by Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document:
Appoint Counsel
#4
Jul 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/21/2026)
Main Document:
Immigration New Case Documents
#5
Jul 21, 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. 2). Petitioner (A File #: 220-738-266) asserts that he has been detained since May 2, 2026 (Doc. 2 at 4). 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. The Court sets the following briefing schedule, which may be modified by the magistrate judge as needed. Respondents SHALL file their responsive pleading within 21 days. Petitioner may file a traverse no later than 7 days after the respondents file their brief.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 21, 2026. (Deputy Clerk IM) (Entered: 07/21/2026)
#6
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Acting Director, U.S. Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Field Office Director, ICE Enforcement and Removal Operations, Miami Field Office,Nisreen Fakhouri Assaf for Warden, Central Valley Annex (Assaf, Nisreen) (Entered: 07/21/2026)
Main Document:
DESIGNATION
Jul 21, 2026
Service by Mail
Jul 21, 2026
SERVICE BY MAIL: 5 Minute Order on Motion for TRO served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk IM)
Jul 21, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Flavio Octaviano Inciarte Olivero. (Deputy Clerk JPX)
Jul 21, 2026
RECEIPT number 100008922 for $5.00 for Writ of Habeas Corpus from Petitioner. (Deputy Clerk JPX)
Jul 21, 2026
Order on Motion for TRO
Jul 28, 2026
Minute Order
Jul 28, 2026
Service by Mail
Jul 29, 2026
Minute Order
Jul 29, 2026
Service by Mail
Parties
Acting Director, U.S. Immigration and Customs Enforcement
Party
(HC) Inciarte Olivero
Party