De La Garza v. Albarran et al

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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
PAMELA T. JOHANN (CABN 145558)
Chief, Civil Division
S. WAQAR HASIB (CABN 234818)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7200
Facsimile: (415) 436-7234
waqar.hasib @usdoj.gov
Attorneys for Respondents
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
CARLOS ALBERTO DE LA GARZA,
Petitioner,
v.
SERGIO ALBARRAN, et al.,
Respondents,
Case No. 4:25-cv-10305-HSG
STIPULATION AND ORDER TO MODIFY
BRIEFING AND HEARING SCHEDULE ON
ORDER TO SHOW CAUSE; DECLARATION
Pursuant to Civil Local Rules 6-2 and 7-12, Petitioner and Respondents hereby stipulate and
request that the Court modify the briefing and hearing schedule on the order to Respondents to show
cause why a preliminary injunction should not issue. The parties seek this modification in order to
provide Respondents additional time to investigate and potentially file additional briefing. In support of
this request, the parties state as follows:
1. On December 1, 2025, Petitioner filed a Petition for Writ of Habeas Corpus against
Respondents and an Ex Parte Motion for Temporary Restraining Order. Dkt. Nos. 1, 8.
2. On December 4, 2025, the Court issued an Order granting Petitioner’s Ex Parte Motion
for Temporary Restraining Order in part. Dkt. No. 10. The Court ordered Respondents to immediately
release Petitioner from custody and enjoined and restrained Respondents from re-detaining Petitioner
STIP. & ORDER TO MODIFY BRIEFING & HEARING SCHEDULE ON ORDER TO SHOW CAUSE
NO. 4:25-CV-10305-HSG
Case 4:25-cv-10305-HSG Document 18 Filed 12/10/25 Page 1 of 5

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without notice and a pre-deprivation hearing. Id. The Court’s Order is in effect through December 15,
2025. Id.
3. 	The Court further ordered Respondents to show cause in-person at a hearing on
December 11, 2025, why a preliminary injunction should not issue. The Court indicated that the issue
could be resolved by briefing already submitted, but instructed that if the parties sought to file additional
briefing, they should do so by December 9, 2025. Id.
4. 	Respondents seek additional time to investigate certain factual issues recently raised by
Petitioner. In particular, on December 4, 2025, Petitioner filed several exhibits contesting, among other
things, Respondents’ allegation that Petitioner made an admission while in custody that he illegally
reentered the United States on November 18, 2015. Dkt. 11. Undersigned counsel reviewed those
exhibits and provided them promptly to counsel for Immigration and Customs Enforcement, recognizing
that the issue of when Petitioner last entered the country and in what manner is relevant and material to
this proceeding. Undersigned counsel is currently investigating the circumstances surrounding the
alleged custodial admission by Petitioner, and needs further time to request, obtain, and review relevant
background documentation. Hasib Decl. ¶ 3. Counsel for the parties conferred and propose extending
the schedule as follows:
Any additional briefing is due by December 16, 2025; 1
Show cause hearing is continued to December 18, 2025.
5. 	Respondents agree that the Court’s temporary restraining order remain in effect through
December 22, 2025. Hasib Decl. ¶ 4.
THEREFORE, IT IS HEREBY STIPULATED that the briefing schedule is extended as set forth
above and the hearing on the order to show cause why a preliminary injunction should not issue is
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1 Once Respondent’s investigation is complete, the parties will confer as to whether it is appropriate to
submit on the papers.
STIP. & ORDER TO MODIFY BRIEFING & HEARING SCHEDULE ON ORDER TO SHOW CAUSE
NO. 4:25-CV-10305-HSG
Case 4:25-cv-10305-HSG Document 18 Filed 12/10/25 Page 2 of 5

STIP. & ORDER TO MODIFY BRIEFING & HEARING SCHEDULE ON ORDER TO SHOW CAUSE
NO. 4:25-CV-10305-HSG
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continued to December 18, 2025, at 2:00 p.m.
IT IS SO STIPULATED.
DATED: December 9, 2025 	Respectfully submitted,
CRAIG H. MISSAKIAN
United States Attorney
/s/ S. Waqar Hasib
S. WAQAR HASIB
Assistant United States Attorney
Counsel for Respondents
DATED: December 9, 2025 	/s/ Amalia Wille
AMALIA WILLE
Counsel for Petitioner
ECF ATTESTATION
*In compliance with Civil L.R. 5-1(i)(3), the filer of this document attests under penalty of perjury that
each of the other signatories have concurred in the filing of this document.
Case 4:25-cv-10305-HSG Document 18 Filed 12/10/25 Page 3 of 5

STIP. & ORDER TO MODIFY BRIEFING & HEARING SCHEDULE ON ORDER TO SHOW CAUSE
NO. 4:25-CV-10305-HSG
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DECLARATION OF S. WAQAR HASIB
I, S. Waqar Hasib, declare and state as follows:
1. 	I am an Assistant United States Attorney for the Northern District of California and
counsel for the Respondents in this action. I have personal knowledge of the matters set forth below,
except those matters that are based on information and belief, which I believe to be true, and could and
would testify competently to them if called to do so.
2. 	I submit this declaration pursuant to Civil Local Rules 6-2 and 7-12 in support of the
parties’ Stipulation to Modify Briefing and Hearing Schedule on Order to Show Cause.
3. 	Respondents seek additional time to investigate certain factual matters raised by the
Petitioner. Specifically, Petitioner filed several exhibits contesting, among other things, Respondents’
allegation that Petitioner made an admission while in custody that he illegally reentered the United
States on November 18, 2015. Dkt. 11. I reviewed those exhibits and provided them promptly to
counsel for Immigration and Customs Enforcement, recognizing that the issue of when Petitioner last
entered the country and in what manner is relevant to this proceeding. I am currently investigating the
circumstances surrounding the alleged custodial admission by Petitioner, and need further time to
request, obtain, and review relevant background documentation. I conferred with counsel for the
Petitioner, who agreed to extend the briefing schedule by one week. The parties further request that the
Court continue the hearing on the order to show cause to December 18, 2025.
4. 	Respondents agree that the Court’s temporary restraining order, Dkt. No. 10, will be
extended and remain in effect through December 22, 2025.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Dated: December 9, 2025 	/s/ S. Waqar Hasib
S. WAQAR HASIB
Assistant United States Attorney
Case 4:25-cv-10305-HSG Document 18 Filed 12/10/25 Page 4 of 5

ORDER
NO. 4:25-CV-10305-HSG
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ORDER
Pursuant to stipulation, IT IS SO ORDERED that the hearing on the order to show cause why a
preliminary injunction should not issue is continued to December 18, 2025, at 2:00 p.m. in Courtroom 2
at the Oakland Courthouse. To the extent the parties wish to file additional briefing, such briefing shall
be submitted by no later than December 16, 2025. The temporary restraining order is extended and
remains in effect through December 22, 2025.
IT IS SO ORDERED.
DATED: ____________
HON. HAYWOOD S. GILLIAM, JR.
U.S. District Judge
12/10/2025
Case 4:25-cv-10305-HSG Document 18 Filed 12/10/25 Page 5 of 5