Eastern District of California • 1:26-cv-08501

#1

Oct 16, 2026

2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, David Venturella, Tonya Andrews, Todd Blanche, Markwayne Mullin by Misael Vences Escobar. (Deputy Clerk SZ) (Entered: 10/19/2026)

#2

Oct 16, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Misael Vences Escobar. (Deputy Clerk SZ) (Entered: 10/19/2026)

#3

Oct 16, 2026

MOTION to APPOINT COUNSEL by Misael Vences Escobar. (Deputy Clerk SZ) (Entered: 10/19/2026)

#4

Oct 16, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Misael Vences Escobar. (Deputy Clerk SZ) (Entered: 10/19/2026)

#5

Oct 19, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Misael Vences Escobar signed by Visiting Judge Micah WJ Smith on 10/19/2026. (Deputy Clerk SZ) (Entered: 10/19/2026)

#6

Oct 19, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 10/19/2026)

#7

Oct 19, 2026

EO: The court has received and reviewed Petitioner's petition for writ of habeas corpus, Dkt. No. 1, and motion for temporary restraining order, Dkt. No. 4 . The court intends to rule directly on the petition. It is not clear from the face of the petition, however, whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within seven days of the date of service of this order, Respondents SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondents that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondents also SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Such documents include, for example, 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, any prior bond decisions, and Petitioner's criminal record to the extent one exists. Respondents shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondents file an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondents' answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondents file a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondents' motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. Any motion shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. 6. Pending the court's decision on the petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take petitioner out of the Eastern District of California. 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"). If Petitioner is not detained in this district, Respondents must make this clear in in their Response. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 10/19/2026)

Oct 19, 2026

Service by Mail

Oct 19, 2026

Minute Order

Oct 19, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Misael Vences Escobar on 10/19/2026. (Deputy Clerk AB)

Oct 19, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Misael Vences Escobar. (Deputy Clerk SZ)

#11

Nov 06, 2026

ORDER DISMISSING 1 PETITION FOR WRIT OF HABEAS CORPUS WITHOUT PREJUDICE signed by District Judge Micah W. J. Smith on 11/6/2026. CASE CLOSED. (Deputy Clerk AB)

#12

Nov 06, 2026

Judgment

Nov 06, 2026

Minute Order

Nov 06, 2026

Service by Mail