Eastern District of California • 1:26-cv-08472

(HC) Leriche v. Warden, California City Detention Facility

Active

Case Information

Filed: October 15, 2026
Assigned to: Vince Chhabria
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 15, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Towinsky Leriche. (Deputy Clerk DAR) (Entered: 10/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 15, 2026
MOTION to APPOINT COUNSEL by Towinsky Leriche. (Deputy Clerk DAR) (Entered: 10/16/2026)
Main Document: Appoint Counsel
#3
Oct 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Towinsky Leriche. (Deputy Clerk DAR) (Entered: 10/16/2026)
Main Document: Temporary Restraining Order
#4
Oct 15, 2026
MOTION to APPOINT COUNSEL by Towinsky Leriche. (Deputy Clerk DAR) (Entered: 10/16/2026)
Main Document: Appoint Counsel
#5
Oct 16, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 10/16/2026)
Main Document: Immigration New Case Documents
#6
Oct 16, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 10/16/2026: Pending the issuance of the court's order resolving the pending 3 motion for temporary restraining order, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 3 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance if they have not already done so. Respondents shall file a written opposition to the pending 3 motion for temporary restraining order by 5:00 PM on Tuesday, 10/20/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Zurita Navarro v. Warden, Cent. Valley Annex Det. Facility, No. 1:26-cv-05661-DAD-SCR (HC), 2026 WL 2294963 (E.D. Cal. Aug. 10, 2026); Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025); Yang v. Kaiser, No. 2:25-cv-02205-DAD-AC (HC), 2025 WL 2791778 (E.D. Cal. Aug. 20, 2025); Quichimbo-Jimenez v. Warden, Cal. City Corr. Ctr., 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (Deputy Clerk PAB) (Entered: 10/16/2026)
#7
Oct 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Facility (Williams, Jonathan) (Entered: 10/16/2026)
Main Document: DESIGNATION
Oct 16, 2026
Service by Mail
Oct 16, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Towinsky Leriche. (Deputy Clerk DAR)
Oct 16, 2026
SERVICE BY MAIL: 6 Minute Order served on Towinsky Leriche. (Deputy Clerk PAB)
Oct 16, 2026
Minute Order
#8
Oct 18, 2026
NOTICE of RELATED CASE(S) 1:26-cv-05315-VC by Warden, California City Detention Facility. (Williams, Jonathan) (Entered: 10/18/2026)
Main Document: Notice of Related Case
#9
Oct 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, California City Detention Facility, attorney Jonathan Williams, GOVT terminated (Williams, Jonathan) (Entered: 10/19/2026)
Main Document: DESIGNATION
#10
Oct 20, 2026
MOTION to DISMISS by Warden, California City Detention Facility. (Rodriguez, Elisa) (Entered: 10/20/2026)
Main Document: Dismiss
#11
Oct 21, 2026
RELATED CASE MINUTE ORDER signed by District Judge Vince Chhabria on 10/21/2026: Pursuant to Local Rule 123, the Court finds that Case No. 1:26-cv-05315-VC is related to Case No. 1:26-cv-08472-DAD-AC because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Accordingly, assignment of the actions to the same district judge will promote convenience, efficiency, and economy for the Court and parties. Thus, the Court ORDERS that Case No. 1:26-cv-08472-DAD-AC is reassigned to U.S District Judge Vince Chhabria. All future filings in 1:26-cv-08472-DAD-AC shall use the following Case Number: 1:26-cv-08472-VC. (Text Only Entry). (Deputy Clerk JJD) (Entered: 10/21/2026)
#12
Oct 21, 2026
MINUTE ORDER signed by District Judge Vince Chhabria on 10/21/2026: Petitioner's 3 application for a temporary restraining order requesting his immediate release is DENIED. Petitioner's detention without notice and a pre-deprivation hearing is authorized by 8 U.S.C. § 1226(c)(1) for the reasons articulated in Leriche v. Warden, No. 1:26-CV-05315 (VC), 2026 WL 2982923, at *1 (E.D. Cal. Oct. 5, 2026). Further, the Court does not find that the interests of justice would be served by appointment of counsel. Accordingly, Petitioner's 2 motions for appointment of counsel are also DENIED. The Court is in receipt of Respondents' 10 Motion to Dismiss. Petitioner may file a reply by 11/4/2026. (Text Only Entry) (Thomas, Julia) (Entered: 10/21/2026)
Oct 21, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Appoint Counsel
Oct 21, 2026
Service by Mail
Oct 21, 2026
SERVICE BY MAIL: 12 Minute Order served on Petitioner. (Thomas, Julia)
Oct 21, 2026
SERVICE BY MAIL: 11 Related Case Minute Order served on Towinsky Leriche. (Deputy Clerk JJD)
Oct 21, 2026
Minute Order AND Order Reassigning Case
#13
Oct 26, 2026
MOTION for RELEASE from Custody by Towinsky Leriche. (Deputy Clerk KEZ) (Entered: 10/27/2026)
Main Document: Miscellaneous Relief
#14
Oct 26, 2026
LETTER from Towinsky Leriche. (Deputy Clerk JAW) (Entered: 10/27/2026)
Main Document: LETTER
#15
Oct 26, 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 JAW) (Entered: 10/27/2026)
Main Document: CONSENT/DECLINE

Parties

(HC) Leriche
Party
Warden, California City Detention Facility
Party