Eastern District of California • 1:26-cv-06137

#1

Aug 03, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Center by Maikel Pomo Bermudez. (Deputy Clerk SZ) (Entered: 08/05/2026)

#2

Aug 03, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Maikel Pomo Bermudez. (Deputy Clerk SZ) (Entered: 08/05/2026)

#3

Aug 05, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Maikel Pomo Bermudez signed by District Judge Vince Chhabria on 08/05/2026. (Deputy Clerk SZ) (Entered: 08/05/2026)

#4

Aug 05, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/05/2026)

#5

Aug 05, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City Immigration Center (Yu, Jonathan) (Entered: 08/05/2026)

#6

Aug 05, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/5/2026: Respondents to file a Response to the 1 Habeas Petition by 8/19/2026. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply by 8/26/2026. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/05/2026)

Aug 05, 2026

Minute Order

Aug 05, 2026

Service by Mail

Aug 05, 2026

SERVICE BY MAIL: 6 Minute Order served on Petitioner. (Thomas, Julia)

Aug 05, 2026

SERVICE BY MAIL: 3 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 4 Immigration New Case Documents served on Maikel Pomo Bermudez. (Deputy Clerk SZ)

#7

Aug 12, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/12/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF 6 . Attorney Monica Ortega Preciado is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Monica Ortega Preciado, Community Justice Alliance, 1809 S Street, Ste 101-291, Sacramento, CA 95811, 916-562-4129, mortega@cjaca.org, as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 08/12/2026)

Aug 12, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Aug 18, 2026

RESPONSE by Warden, California City Immigration Center to 6 Minute Order,,,,,,,, 1 Petition for Writ of Habeas Corpus. (Yu, Jonathan) (Entered: 08/18/2026)

#9

Aug 24, 2026

OPPOSITION by Maikel Pomo Bermudez to 8 Motion to Dismiss. (Attachments: # 1 Declaration Declaration of Monica Ortega Preciado, # 2 Exhibit Exhibit A to Declaration of Monica Ortega Preciado)(Preciado, Monica) (Entered: 08/24/2026)

#10

Aug 26, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/26/2026: Respondents' Motion to Dismiss is GRANTED pursuant to the first-to-file rule. Under the first-to-file rule, when two qualifying cases are filed in different districts, "the second district court has discretion to transfer, stay, or dismiss the second case in the interest of efficiency and judicial economy." In re Bozic, 888 F.3d 1048, 1051-52 (9th Cir. 2018) (quoting Cedars-Sinai Med. Ctr. v. Shalala, 125 F.3d 765, 769 (9th Cir. 1997)). District courts consider "three threshold factors in deciding whether to apply the first-to-file rule: (1) the chronology of the two actions; (2) the similarity of the parties; and (3) the similarity of the issues." Krikorian v. Post Consumer Brands, LLC, No. CV 25-2122-JFW (JRPx), 2025 WL 2092825, at *2 (C.D. Cal. June 25, 2025) (citations omitted). Here, all three factors support dismissal of this action: Petitioner filed a habeas petition in the Middle District of Florida prior to filing the petition pending before this court, the Middle District of Florida petition remains pending, the parties in both actions are substantially similar, and Petitioner seeks relief from immigration detention in both petitions. Petitioner argues that his transfer out of Florida to California renders this Court the proper forum and counsels against dismissal. Dkt. No. 9 at 4. The Court agrees with Petitioner that habeas petitions challenging confinement should be brought in the district of confinement. However, Petitioner does not cite to any authority that a subsequent transfer strips the original court of jurisdiction, and indeed, many cases hold otherwise. See, e.g., Francis v. Rison, 894 F.2d 353, 354 (9th Cir. 1990) ("[B]ecause jurisdiction attaches on the initial filing for habeas corpus relief,... it is not destroyed by a transfer of the petitioner and the accompanying custodial change."); Bakhronov v. Warden, Golden State Annex, No. 1:26-CV-04342-NW, 2026 WL 1826486, at *2 (E.D. Cal. June 24, 2026) ("Numerous district courts have recently retained jurisdiction over a habeas petition notwithstanding a petitioner's transfer out of the district."); Rincon-Corrales v. Noem, No. 2:25-CV-00801-APG-DJA, 2025 WL 1342851, at *2 (D. Nev. May 8, 2025) ("Once a petitioner has properly filed a habeas petition in the district of confinement, any subsequent transfer does not strip the filing district of habeas jurisdiction."). Furthermore, there is nothing to indicate that the Middle District of Florida court presiding over the pending petition is refusing to exercise jurisdiction over it, leaving Petitioner with no forum to hear his petition. Because the petition before this Court seemingly seeks the same relief as the petition pending before the Middle District of Florida, this Court sees no reason to deviate from the first-to-file rule and potentially issue a conflicting ruling by deciding the instant petition, while the first habeas petition is still pending. Accordingly, the petition is DISMISSED WITHOUT PREJUDICE. This Order in no way prohibits Petitioner from filing a renewed habeas petition upon changed circumstances. The Clerk of the Court is directed to close this case(Text Only Entry) (CASE CLOSED) (Thomas, Julia) (Entered: 08/26/2026)

Aug 26, 2026

Minute Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case

Aug 26, 2026

Service by Mail

Aug 26, 2026

SERVICE BY MAIL: 10 Minute Order served on Petitioner. (Thomas, Julia)

#11

Sep 20, 2026

NOTICE of RELATED CASE(S) 1:26-cv-06137-VC, 1:26-cv-07310-DC-CSK by Warden, California City Immigration Center. (Yu, Jonathan) (Entered: 09/20/2026)