Eastern District of California • 1:26-cv-05727

(HC) Benitez Dias v. Warden, California City Correction Center

Active

Case Information

Filed: July 23, 2026
Assigned to: Kirk E. Sherriff
Referred to: Frank J. Singer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity: July 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Todd M. Lyons, Field Office Director, ICE Los Angeles Field Office, Warden, California City Correction Center, Markwayne Mullin by Jose Fernando Benitez Dias. (Deputy Clerk JPX) (Entered: 07/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Fernando Benitez Dias. (Deputy Clerk JPX) (Entered: 07/24/2026)
Main Document: Temporary Restraining Order
#3
Jul 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 07/24/2026)
Main Document: Immigration New Case Documents
#4
Jul 24, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 7/24/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 2 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the petition. See e.g., Crispin M.C. v. Noem, No. 1:25-CV-01487-KES-HBK (HC), 2026 WL 70553 (E.D. Cal. Jan. 8, 2026); J.A.C.P. v. Wofford, No. 1:25-CV-01354-KES-SKO (HC), 2025 WL 3013328 (E.D. Cal. Oct. 27, 2025); Lepe v. Andrews, 801 F. Supp. 3d 1104 (E.D. Cal. 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 28, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Crispin M.C. v. Noem, J.A.C.P. v. Wofford, and Lepe v. Andrews and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. 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"). (ST) (Entered: 07/24/2026)
#5
Jul 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for Field Office Director, ICE Los Angeles Field Office,Audrey Benison Hemesath, GOVT for Todd M. Lyons,Audrey Benison Hemesath, GOVT for Markwayne Mullin,Audrey Benison Hemesath, GOVT for Warden, California City Correction Center (Hemesath, Audrey) (Entered: 07/24/2026)
Main Document: DESIGNATION
Jul 24, 2026
Service by Mail
Jul 24, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Fernando Benitez Dias. (Deputy Clerk JPX)
Jul 24, 2026
RECEIPT number 200020190 for $5.00 for Writ of Habeas Corpus from Petitioner. (Deputy Clerk JPX)
Jul 24, 2026
Minute Order
#7
Jul 30, 2026
Order AND ~Util - Terminate Civil Case
Main Document: Order AND ~Util - Terminate Civil Case
#8
Jul 30, 2026
Judgment
Main Document: Judgment
Jul 30, 2026
Service by Mail

Parties

(HC) Benitez Dias
Party
Warden, California City Correction Center
Party