Southern District of California • 3:26-cv-06081
Garcia Gaona v. Warden, Otero County Processing Center
Completed
Case Information
Filed: October 26, 2026
Assigned to:
Jinsook Ohta
Referred to:
Brian J. White
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: October 26, 2026
Last Activity:
October 30, 2026
Parties:
View All Parties →
Docket Entries
#1
Oct 26, 2026
Petition for Writ of Habeas Corpus against Todd Blanche, Patrick Divver, Todd M. Lyons, Markwayne Mullin, Warden, Otero County Processing Center, Mary de Anda-Ybarra ( Filing fee $ 5 receipt number ACASDC-21797689.), filed by Yareth de Jesus Garcia Gaona. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:26-cv-6081-JO-BJW. Judge Jinsook Ohta and Magistrate Judge Brian J. White are assigned to the case. (Hilts, Murray)(dde) (anh). (Entered: 10/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 26, 2026
MOTION for Temporary Restraining Order by Yareth de Jesus Garcia Gaona. (Attachments: # 1 Declaration)(Hilts, Murray)(gsw) (Entered: 10/26/2026)
Main Document:
Temporary Restraining Order
#3
Oct 26, 2026
NOTICE of Petitioner Detained Out of District by Warden, Otero County Processing Center (Dimbleby, Erin)(gsw) (Entered: 10/26/2026)
Main Document:
Notice (Other)
#4
Oct 26, 2026
Minute Order by Judge Jinsook Ohta: Petitioner filed a petition for writ of habeas corpus on October 26, 2026. See Dkt. 1. Petitioner is currently detained at the Otero County Processing Center in Chaparral, New Mexico. Id. Petitioner challenges the legality of his detention and alleges that the government, in transferring Petitioner to New Mexico before his scheduled bond hearing, violated his due process rights and his right to counsel. Id. "The plain language of the habeas statute [ ] confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004). Because Petitioner was confined in the District of New Mexico when he filed the petition, this Court lacks jurisdiction over his habeas claim. Accordingly, in the interest of justice, the Court TRANSFERS Petitioner's petition for habeas relief to the United States District Court for the District of New Mexico pursuant to 28 U.S.C. § 1631. The Clerk of the Court is directed to transfer this Petition to the U.S. District Court for the District of New Mexico and close this case. Signed by Judge Jinsook Ohta on 10/26/2026. (txa) (Entered: 10/26/2026)
#5
Oct 26, 2026
Case transferred to District of New Mexico. Files transferred electronically to: *District of New Mexico*.*333 Lomas Boulevard, N.W., Suite 270**Albuquerque, NM 87102*. Signed by Judge Jinsook Ohta on 10/26/2026. (gsw) (Entered: 10/26/2026)
Main Document:
Case Transferred Out - District FORM
Oct 26, 2026
Minute Order (No Time)
#6
Oct 30, 2026
Transfer Letter Received
Main Document:
Transfer Letter Received
Parties
Garcia Gaona
Party
Warden, Otero County Processing Center
Party