Southern District of California • 3:26-cv-05404
Catinac Tepaz v. Warden Otay Mesa Detention Facility
Completed
Case Information
Filed: September 17, 2026
Assigned to:
Todd Wallace Robinson
Referred to:
David D. Leshner
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: September 28, 2026
Last Activity:
November 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
Petition for Writ of Habeas Corpus against Director of U.S. Immigration and Customs Enforcement (ICE), Secretary of the United States Department of Homeland Security, Warden Otay Mesa Detention Facility (Filing fee $ 5, Fee Not Paid, IFP Filed.), filed by Jose Walter Catinac Tepaz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)The new case number is 3:26-cv-5404-TWR-DDL. Judge Todd W. Robinson and Magistrate Judge David D. Leshner are assigned to the case.(mxy) (Entered: 09/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
MOTION for Leave to Proceed in forma pauperis by Jose Walter Catinac Tepaz. (mxy) (Entered: 09/21/2026)
Main Document:
Proceed In Forma Pauperis
#3
Sep 21, 2026
MINUTE ORDER (1) Granting Petitioner's Motion for Leave to Proceed in Forma Pauperis, and (2) Requiring Response to Petition. Having reviewed Petitioner's 1 Petition and 2 Motion to Proceed in Forma Pauperis, the Court GRANTS Petitioner's Motion to Proceed in Forma Pauperis and ORDERS Respondents to respond to the Petition on or before September 24, 2026. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/21/2026)
Sep 21, 2026
Order on Motion for Leave to Proceed In Forma Pauperis
#4
Sep 23, 2026
NOTICE of Appearance by Antonio Estrada on behalf of Director of U.S. Immigration and Customs Enforcement (ICE), Secretary of the United States Department of Homeland Security, Warden Otay Mesa Detention Facility (Attachments: # 1 Proof of Service)(Estrada, Antonio)Attorney Antonio Estrada added to party Director of U.S. Immigration and Customs Enforcement (ICE)(pty:res), Attorney Antonio Estrada added to party Secretary of the United States Department of Homeland Security(pty:res), Attorney Antonio Estrada added to party Warden Otay Mesa Detention Facility(pty:res)(sjt). (Entered: 09/23/2026)
Main Document:
Notice of Appearance
#5
Sep 24, 2026
Ex Parte MOTION for Extension of Time to File Response/Reply by Director of U.S. Immigration and Customs Enforcement (ICE), Secretary of the United States Department of Homeland Security, Warden Otay Mesa Detention Facility. (Attachments: # 1 Proof of Service)(Estrada, Antonio) (sjt). (Entered: 09/24/2026)
Main Document:
Extension of Time to File Response/Reply
#6
Sep 24, 2026
MINUTE ORDER Granting Respondents' Motion for Extension of Time. Good cause appearing, the Court GRANTS Respondents' 5 Motion for Extension of Time. Accordingly, Respondents SHALL RESPOND to Petitioner's 1 Petition on or before September 28, 2026. (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/24/2026)
Sep 24, 2026
Order on Motion for Extension of Time to File Response/Reply
#7
Sep 25, 2026
NOTICE of Appearance and Substitution of Counsel for Respondents by Antonio Estrada on behalf of Director of U.S. Immigration and Customs Enforcement (ICE), Secretary of the United States Department of Homeland Security, Warden Otay Mesa Detention Facility (Estrada, Antonio) (sjt). (Entered: 09/25/2026)
Main Document:
Notice of Appearance
#8
Sep 28, 2026
RETURN to Petition for Writ of H/C by Director of U.S. Immigration and Customs Enforcement (ICE), Secretary of the United States Department of Homeland Security, Warden Otay Mesa Detention Facility. (Attachments: # 1 Proof of Service)(Estrada, Antonio) (sjt). (Entered: 09/28/2026)
Main Document:
Return to Petition for Writ of H/C
#9
Sep 28, 2026
MINUTE ORDER Denying Without Prejudice Petition. Presently before the Court is Petitioner Jose Walter Catinac Tepaz's third 1 Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241. Although the Court is sympathetic to the fact that Petitioner has now been in immigration custody for approximately sixteen months, as the Court previously informed Petitioner, see Minute Order Denying Without Prejudice Petition, Catinac Tepaz v. LaRose, 26-cv-03248-TWR-DEB (S.D. Cal. entered June 9, 2026), ECF No. 7, because Petitioner has failed to exhaust his administrative remedies by appealing the Immigration Judge's denial of bond to the Board of Immigration Appeals and has not raised any basis for waiving exhaustion, the Court necessarily DENIES WITHOUT PREJUDICE the 1 Petition. See Leonardo v. Crawford, 646 F.3d 1157, 1161 (9th Cir. 2011) (remanding with the instruction to dismiss the petition without prejudice because the petitioner had not exhausted his administrative remedies or demonstrated grounds for excusing exhaustion). (All non-registered users served via U.S. Mail Service) (no document attached) (sxd) (Entered: 09/28/2026)
Sep 28, 2026
Order
#10
Oct 13, 2026
NOTICE OF APPEAL to the 9th Circuit by Jose Walter Catinac Tepaz. Fee not paid (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Mailing Envelope)(All non-registered users served via U.S. Mail Service)(mjw) (Entered: 10/14/2026)
Main Document:
Notice of Appeal to 9th Circuit
#11
Oct 20, 2026
USCA Case Number
Main Document:
USCA Case Number
#12
Oct 20, 2026
USCA Time Schedule Order
Main Document:
USCA Time Schedule Order
#13
Nov 04, 2026
USCA Order
Main Document:
USCA Order
Parties
Catinac Tepaz
Party
Warden Otay Mesa Detention Facility
Party