Eastern District of California • 1:26-cv-07671

#1

Sep 21, 2026

2241 PETITION for WRIT of HABEAS CORPUS and Emergency Motion for Temporary Restraining Order and Preliminary Injunctive Relief against Warden, Central Valley Annex Ice Detention Facility by Jose Reyes Plascencia-Lozano. (Deputy Clerk SZ) (Entered: 09/23/2026)

#2

Sep 21, 2026

EMERGENCY MOTION to Expedite by Jose Reyes Plascencia-Lozano. (Deputy Clerk SZ) (Entered: 09/23/2026)

Sep 21, 2026

RECEIPT number 100009718 for $5.00 for Jose Reyes Plascencia-Lozano from Jose Reyes Plascencia-Lozano. (Deputy Clerk SZ)

#3

Sep 23, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/23/2026)

#4

Sep 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex Ice Detention Facility (Yu, Jonathan) (Entered: 09/23/2026)

Sep 23, 2026

Service by Mail

Sep 23, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Reyes Plascencia-Lozano. (Deputy Clerk SZ)

#5

Oct 02, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/02/2026: (Text Only Entry). The Court has reviewed the 1 petition for writ of habeas corpus and the 2 emergency motion to expedite. 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 emergency motion to expedite. 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). Respondent shall file a response to the 1 petition by October 6, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondent 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"). This order does not prohibit the temporary transfer of petitioner outside of the District for urgent medical care, though petitioner shall be returned to the District upon the conclusion of such care. Respondent shall notify the Court of any such transfer out of the district. (Deputy Clerk VMG) (Entered: 10/02/2026)

Oct 02, 2026

Minute Order

#7

Oct 05, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk MR) (Entered: 10/06/2026)

#8

Oct 05, 2026

NOTICE of CHANGE of ADDRESS to Jose Reyes Plascencia-Lozano at CENTRAL VALLEY ANNEX (ICE) P.O. Box 637, 254 Taylor Avenue McFarland, CA 93250 by Jose Reyes Plascencia-Lozano. Address remains the same. (Deputy Clerk MR) (Entered: 10/06/2026)

#6

Oct 06, 2026

OPPOSITION by Warden, Central Valley Annex Ice Detention Facility to 2 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit I 213, # 2 Exhibit I 200, # 3 Exhibit NTA, # 4 Exhibit I 286, # 5 Exhibit BOND WITHDRAW, # 6 Exhibit BOND DENIAL, # 7 Exhibit RAP)(Yu, Jonathan) (Entered: 10/06/2026)

#9

Oct 07, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/07/2026: (Text Only Entry): The 1 petition is DENIED WITHOUT PREJUDICE. Respondent has established that petitioner is detained pursuant to 8 U.S.C. § 1226(a) and has received a custody redetermination hearing at which he was denied a change in custody because he was determined to be a flight risk. Doc. 6-6 at 1. The record of petitioner's custody redetermination hearing shows that petitioner reserved his right to appeal. Id. at 2. Respondent argues that as petitioner has not appealed, he has not exhausted his administrative remedies. Doc. 6 at 1-2. "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, unless exhaustion is excused." Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011). In Leonardo, the Ninth Circuit held it was proper to dismiss a petition when petitioner "should have exhausted administrative remedies by appealing to the [Board of Immigration Appeals] before asking the federal district court to review," and petitioner did not ask for a stay or demonstrate grounds for excusing exhaustion. Id. at 1160-61. Similarly here, petitioner has not exhausted his administrative remedies, and he has not shown why exhaustion should be excused. The 1 petition is denied without prejudice. The 2 emergency motion to expedite is DENIED as moot. The Clerk of Court is directed to close this case. (Deputy Clerk VMG) (Entered: 10/07/2026)

Oct 07, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

Oct 07, 2026

SERVICE BY MAIL: 9 Minute Order, served on Jose Reyes Plascencia-Lozano. (Deputy Clerk VMG)

Oct 07, 2026

Service by Mail