(HC) Aparicio Almendarez v. Warden, 1:26-cv-03111 - CourtListener.com

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Docket Entries Parties and Attorneys Authorities Document Number Date Filed Try again later. 1 Apr 24, 2026 2241 PETITION for WRIT of HABEAS CORPUS against Warden by Jose Ernesto Aparicio Almendarez. [$5 Filing Fee Received. Receipt to be docketed 4/27/26] (Deputy Clerk JAW) (Entered: 04/24/2026) Main Doc­ument Petition for Writ of Habeas Corpus Apr 24, 2026 Service by Mail Apr 24, 2026 Minute Order 2 Apr 24, 2026 MOTION for TEMPORARY RESTRAINING ORDER by Jose Ernesto Aparicio Almendarez. (Deputy Clerk JAW) (Entered: 04/24/2026) Main Doc­ument Temporary Restraining Order 3 Apr 24, 2026 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/24/2026) Main Doc­ument Prisoner New Case Documents for Magistrate Judge as Presider Apr 24, 2026 SERVICE BY MAIL: 3 Prisoner New Case Documents served on Jose Ernesto Aparicio Almendarez. (Deputy Clerk JAW) 4 Apr 24, 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. (Anonymous) (Entered: 04/24/2026) Main Doc­ument 5 Apr 24, 2026 MINUTE ORDER (Text Only Entry) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Based on the current record, it appears Petitioner (A File #: 240-292-086) is likely to succeed on at least one of his claims and that some form of immediate relief may be appropriate. Thus, pursuant to 28 U.S.C. § 2243, Respondents are ordered to show cause in writing no later than May 1, 2026, why the Court should not grant Petitioner's motion for a temporary restraining order. Any response SHALL provide the Court with copies of referenced/relevant portions of Petitioner's A-File and other supporting documents, including available documentation related to any asserted violations of release conditions. Petitioner may file a reply no later than May 6, 2026. The Court further directs the parties to indicate on or before their respective filing deadlines (1) whether they are requesting a hearing; (2) whether they agree to convert the request for a TRO into a preliminary injunction without further briefing; and (3) whether they request additional briefing on the merits of the petition. Depending on the content of the filings, the Court may set a hearing or may rule on the papers.In the meantime, unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not remove Petitioner from the United States nor transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting 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, the Court finds that this order is warranted to maintain the status quo pending the hearing and any subsequent order and finds that Petitioner has satisfied the factors governing the issuance of such preliminary relief.The Clerk of the Court is to notify the United States Attorney's Office for the Eastern District of California of this filing, by providing a Notice of Electronic Filing to usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter notices of appearance signed by District Judge Jennifer L. Thurston on April 24, 2026. (Deputy Clerk IM) (Entered: 04/24/2026) Main Doc­ument Apr 24, 2026 SERVICE BY MAIL: 5 Minute Order served on Jose Ernesto Aparicio Almendarez. (Deputy Clerk IM) 7 Apr 30, 2026 Order Dismissing Case AND Order on Motion for TRO 8 Apr 30, 2026 Main Doc­ument Judgment Apr 30, 2026 Service by Mail