Eastern District of California • 1:26-cv-07865

#1

Sep 25, 2026

(2241) PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Billy Grigory Rosales Sarate. (Deputy Clerk OFR) (Entered: 09/28/2026)

#2

Sep 25, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Billy Grigory Rosales Sarate. (Deputy Clerk OFR) (Entered: 09/28/2026)

#3

Sep 28, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 09/28/2026)

#4

Sep 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Correctional Center (Rodriguez, Elisa) (Entered: 09/28/2026)

Sep 28, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Billy Grigory Rosales Sarate. (Deputy Clerk OFR)

Sep 28, 2026

RECEIPT number 200021224 for $5.00 for Writ of Habeas Corpus from Billy Grigory Rosales Sarate. (Deputy Clerk OFR)

Sep 28, 2026

Service by Mail

#5

Sep 29, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 9/29/2026: (Text Only Entry) The 1 petition for writ of habeas corpus and 2 motion for temporary restraining order are referred to the assigned magistrate judge for further proceedings. (Deputy Clerk CLA) (Entered: 09/29/2026)

Sep 29, 2026

SERVICE BY MAIL: 5 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk CLA)

Sep 29, 2026

Minute Order

Sep 29, 2026

Service by Mail

#6

Oct 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City Correctional Center, attorney Elisa M. Rodriguez terminated (Andrews, Anthony) (Entered: 10/01/2026)

#7

Oct 01, 2026

NOTICE of RELATED CASE(S) 1:26-cv-07865-KES-EGC, 1:26-cv-04737-KES-HBK, 1:26-cv-03300-KES-HBK by Warden, California City Correctional Center. (Andrews, Anthony) (Entered: 10/01/2026)

#8

Oct 02, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/02/2026: (Text Only Entry). Examination of this action reveals that it is related to Rosales Sarate v. Warden, 1:26-cv-04737-KES-HBK and Rosales Sarate v. Warden, 1:26-cv-03300-KES-HBK, within the meaning of Local Rule 123(a). See Local Rule 123(a)(1), (2). Accordingly, the assignment of this matter to the same judge and magistrate judge as in Rosales Sarate v. Warden, 1:26-cv-04737-KES-HBK and Rosales Sarate v. Warden, 1:26-cv-03300-KES-HBK, is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-07865-KES-EGC is reassigned from Magistrate Judge Erin Guy Castillo to Magistrate Judge Helena M. Barch-Kuchta. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-07865-KES-HBK. (Deputy Clerk VMG) (Entered: 10/02/2026)

#9

Oct 02, 2026

CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Magistrate Judge Helena M. Barch-Kuchta. The new case number is: 1:26-cv-7865-KES-HBK (HC). (Deputy Clerk ED) (Entered: 10/02/2026)

Oct 02, 2026

Minute Order

Oct 02, 2026

Service by Mail

Oct 02, 2026

SERVICE BY MAIL: 9 Clerk's Notice Reassigning Case served on Billy Grigory Rosales Sarate. (Deputy Clerk ED)

Oct 02, 2026

SERVICE BY MAIL: 8 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk VMG)

#10

Oct 06, 2026

MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/06/2026: (Text Only Entry): The 1 petition for writ of habeas corpus is denied without prejudice. In Rodriguez Diaz v. Garland, the Ninth Circuit upheld § 1226(a)'s procedures as applied to a detainee, like petitioner, who was detained pursuant to 8 U.S.C. § 1226(a). See Rodriguez Diaz v. Garland, 53 F.4th 1189, 1207-14 (9th Cir. 2022) (due process did not require second bond hearing for noncitizen who was detained for over fourteen months after his first § 1226(a) bond hearing, when noncitizen did not show any constitutional error at first bond hearing and he could request a second bond hearing upon showing changed circumstances pursuant to 8 C.F.R. § 1003.19(e)). Petitioner asserts that he does not challenge the merits of the immigration court's denial of bond and only challenges the length of his detention due to his individual circumstances. See Doc. 1 at 11-17. Although petitioner attempts to distinguish Rodriguez Diaz, plaintiff has not established that § 1226(a)'s procedures are unconstitutional as applied to him and "'duration alone' cannot 'sustain a due process challenge by a detainee who has been afforded the process contemplated by § 1226(a) and its implementing regulations.'" Rodriguez Diaz, 53 F.4th at 1212. The Court has already held that the immigration judge did not abuse his discretion in finding that the government had shown that petitioner presented a flight risk. See Doc. 9, Rosales Sarate v. Warden, 1:26-cv-04737-KES-HBK. To the extent that petitioner seeks a custody redetermination due to changed circumstances, petitioner may request a new bond hearing pursuant to 8 CFR § 1003.19(e). The Clerk of Court is directed to close this case and terminate any remaining motions as moot. (Deputy Clerk VMG) (Entered: 10/06/2026)

Oct 06, 2026

SERVICE BY MAIL: 10 Minute Order, served on Billy Grigory Rosales Sarate. (Deputy Clerk VMG)

Oct 06, 2026

Minute Order AND Order on Motion for TRO

Oct 06, 2026

Service by Mail