Case: U.S. v. Ismael Garcia Jr.

COMPLAINT filed as to Defendant Ismael Garcia, Jr in violation of 18:922(g)(1). Approved by Magistrate Judge Karen L. Stevenson as to Ismael Garcia, Jr (1). (mat) [2:25-mj-04150-DUTY] (Entered: 07/08/2025)

NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Ismael Garcia, Jr. (mat) [2:25-mj-04150-DUTY] (Entered: 07/08/2025)

NOTICE of Errata filed by Plaintiff USA as to Defendant Ismael Garcia, Jr (Ho, Thi) [2:25-mj-04150-DUTY] (Entered: 07/25/2025)

ADVISEMENT OF STATUTORY & CONSTITUTIONAL RIGHTS filed by Defendant Ismael Garcia, Jr. (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

ORDER OF DETENTION by Magistrate Judge Alicia G. Rosenberg as to Defendant Ismael Garcia, Jr, (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

NOTICE DIRECTING DEFENDANT TO APPEAR for Preliminary Hearing and Arraignment on Indictment/Information. Defendant Ismael Garcia, Jr is directed to appear for Preliminary Hearing on 8/12/2025 at 11:30 AM and for Post Indictment Arraignment on 8/18/2025 at 11:30 AM before the Duty Magistrate Judge. (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

REPORT COMMENCING CRIMINAL ACTION as to Defendant Ismael Garcia, Jr; defendants Year of Birth: 1977; date of arrest: 7/29/2025 (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

MINUTES OF INITIAL APPEARANCE ON LOCAL COMPLAINT held before Magistrate Judge Alicia G. Rosenberg as to Defendant Ismael Garcia, Jr. Court issues Order under Fed. R. Crim. P. 5(f) concerning prosecutor's disclosure obligations;see General Order 21-02 (written order). Defendant arraigned and advised of the charges. Defendant states true name as charged. Attorney: Drew Havens for Ismael Garcia, Jr, Deputy Federal Public Defender, present. Court orders defendant permanently detained. Defendant remanded to the custody of the U.S. Marshal. Preliminary Hearing set for 8/12/2025 11:30 AM before Duty Magistrate Judge. Post-Indictment Arraignment set for 8/18/2025 11:30 AM before Duty Magistrate Judge. Court Smart: 7/29/2025. (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

FINANCIAL AFFIDAVIT filed as to Defendant Ismael Garcia, Jr. (Not for Public View pursuant to the E-Government Act of 2002) (ctr) [2:25-mj-04150-DUTY] (Entered: 07/31/2025)

INDICTMENT Filed as to Ismael Garcia, Jr (1) count(s) 1, 2. Offense occurred in Los Angeles. (ctr) (Entered: 08/15/2025)

CASE SUMMARY filed by AUSA Thi Hoang Ho as to Defendant Ismael Garcia, Jr; defendants Year of Birth: 1977 USMS# 99046-511 (ctr) (Entered: 08/15/2025)

MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Steve Kim as to Defendant Ismael Garcia Jr. (1) Count 1,2. Defendant arraigned, states true name: As charged. Defendant entered not guilty plea to all counts as charged. Attorney: Drew Havens, Deputy Federal Public Defender present. Case assigned to Judge Maame Ewusi-Mensah Frimpong. Jury Trial set for 9/29/2025 08:30 AM before Judge Maame Ewusi-Mensah Frimpong. Status Conference set for 9/4/2025 02:00 PM before Judge Maame Ewusi-Mensah Frimpong. Judge Frimpong is located in 8B, Los Angeles - United States Courthouse, 350 W 1st Street, CA 90012-4565. Court Smart: 08/18/2025. (tba) (Entered: 08/25/2025)

NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Lauren Elizabeth Border on behalf of Plaintiff USA. Filed by Plaintiff USA. (Attorney Lauren Elizabeth Border added to party USA(pty:pla))(Border, Lauren) (Entered: 08/21/2025)

NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender James A Flynn on behalf of Defendant Ismael Garcia, Jr. Filed by Defendant Ismael Garcia, Jr. (Attorney James A Flynn added to party Ismael Garcia, Jr(pty:dft))(Flynn, James) (Entered: 08/27/2025)

First STIPULATION for Order CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT filed by Plaintiff USA as to Defendant Ismael Garcia, Jr (Attachments: # 1 Proposed Order)(Border, Lauren) (Entered: 08/27/2025)

CRIMINAL STANDING ORDER by Judge Maame Ewusi-Mensah Frimpong as to Defendant Ismael Garcia, Jr. (See document for further details) (yl) (Entered: 08/28/2025)

NOTICE OF MOTION AND MOTION to Dismiss Indictment and to Disqualify Filed by Defendant Ismael Garcia, Jr.; Proposed Order Motion set for hearing on 10/9/2025 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Proposed Order) (yl) (Entered: 09/16/2025)

DECLARATION OF COUNSEL REGARDING MOTION NOTICE OF MOTION AND MOTION to Dismiss Case 32 (yl) (Entered: 09/16/2025)

UNOPPOSED EX PARTE APPLICATION TO FILE OVERSIZED Memorandum and to Set Briefing Scheduling; Declaration of Counsel Filed by Defendant Ismael Garcia, Jr. (Attachments: # 1 Proposed Order) (yl) (Entered: 09/16/2025)

EX PARTE APPLICATION for Leave to File Excess Pages as to Motion to Dismiss and to Disqualify (Unopposed), EX PARTE APPLICATION for Order for a Briefing Schedule (Unopposed) Filed by Defendant Ismael Garcia, Jr. (Attachments: # 1 Proposed Order) (Flynn, James) (Entered: 08/29/2025)

NOTICE OF MOTION AND MOTION to Dismiss Case, NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees Filed by Defendant Ismael Garcia, Jr. Motion set for hearing on 10/9/2025 at 02:00 PM before Judge Maame Ewusi-Mensah Frimpong. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Counsel, # 4 Proposed Order) (Flynn, James) (Entered: 08/29/2025)

1 Exhibit 1

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3 Declaration of Counsel

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4 Proposed Order

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SCHEDULING NOTICE TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong as to Defendant Ismael Garcia, Jr.: The Court, on its own motion, advances the time of the Initial Status Conference, currently set for September 4, 2025, at 2:00 PM to 8:30 AM before Judge Maame Ewusi-Mensah Frimpong. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 09/02/2025)

SCHEDULING NOTICE TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong as to Defendant Ismael Garcia, Jr.: The Court, on its own motion, VACATES the Initial Status Conference, currently set for September 4, 2025, at 8:30 a.m. The Court will set the hearing for a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY (Entered: 09/03/2025)

ORDER OF THE CHIEF JUDGE 25-126 by Judge Dolly M. Gee as to Defendant Ismael Garcia, Jr, IT IS HEREBY ORDERED that all district judges of the United States District Court for the Central District of California shall be recused from hearing motions concerning the disqualification of Acting United States Attorney Bilal A. Essayli. IT IS FURTHER ORDERED that all motions concerning the disqualification of Acting United States Attorney Bilal A. Essayli shall be transferred to the Honorable J. Michael Seabright of the United States District Court for the District of Hawaii in accordance with the Honorable Mary H. Murguias designation order (pj) (Entered: 09/09/2025)

ORDER as to Defendant Ismael Garcia, Jr, by Chief Circuit Judge Mary H. Murguia. Pursuant to 28 U.S.C. Section 292(b), I hereby designate the Honorable Michael Seabright, United States Senior District Judge for the District of Hawaii, to temporarily perform the duties of United States District Judge on an as-needed basis for the Central District of California beginning on September 8, 2025, and ending on December 31, 2025, and for such additional time required in advance to prepare or thereafter to complete unfinished business. (pj) (Entered: 09/09/2025)

(IN CHAMBERS) ORDER by Chief Judge Dolly M. Gee as to Defendant Ismael Garcia, Jr. Pursuant to OCJ 25-126 24, the motion [Doc. 21 ] is transferred to the Honorable J. Michael Seabright for determination. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY (Entered: 09/10/2025)

ORDER OF THE CHIEF JUDGE 25-127 by Chief Judge Dolly M. Gee as to Defendant Ismael Garcia, Jr. IT IS HEREBY ORDERED that all magistrate judges of the United States District Court for the Central District of California shall be recused from assisting with motions relating to the disqualification of Acting United States Attorney Bilal A. Essayli. IT IS HEREBY ORDERED, with the concurrence of the Honorable Derrick Watson, Chief Judge, District of Hawaii, that the Honorable Barry M. Kurren, United States Magistrate Judge, District of Hawaii, is hereby designated to hold court and perform other judicial duties under 28 U.S.C. section 636, subsections (a), (b), and (c), in the Central District of California, beginning 9/10/2025 and ending on 12/31/2025. Pursuant to this designation, Magistrate Judge Kurren shall be assigned to assist the Honorable J. Michael Seabright with motions relating to the disqualification of Acting United States Attorney Bilal A. Essayli. (gk) (Entered: 09/10/2025)

(IN CHAMBERS) ORDER by Visiting Judge J. Michael Seabright as to Defendant Ismael Garcia, Jr. The Court sets a Zoom Status Conference re the Motions to Dismiss Indictment and Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 for September 11, 2025 at 11:30 a.m. Defendants' presence is not required for this hearing. The Court will use Chief Judge Dolly M. Gees Zoom link for the hearing. The Zoom information can be accessed at https://apps.cacd.uscourts.gov/Jps/honorable-dolly-m-gee. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY (Entered: 09/10/2025)

ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT [Dkt. No. 18] by Judge Maame Ewusi-Mensah Frimpong as to Defendant Ismael Garcia, Jr. re Stipulation 18 : THEREFORE, FOR GOOD CAUSE SHOWN: 1. The trial in this matter is continued from September 29, 2025 to March 2, 2026 at 8:30 a.m. The Final Pretrial Conference is set for February 20, 2026 at 10:00 a.m. 2. The time period of August 27, 2025 to March 2, 2026, inclusive, is excluded in computing the time within which the trial must commence. (see document for further details) (bm) (Entered: 09/11/2025)

WAIVER OF DEFENDANT'S PRESENCE filed by Defendant Ismael Garcia, Jr (Rule 43, Federal Rules of Criminal Procedure) (Havens, Drew) (Entered: 09/11/2025)

MINUTES OF Zoom Status Conference held before Judge J. Michael Seabright as to Defendant Ismael Garcia, Jr. RE: Motions to Dismiss Indictment and Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 . As stated on the record, defense counsel orally waives their clients' presence at the hearing. The Court and counsel confer regarding the Motions to Dismiss Indictment and Disqualify Counsel as to Bilal A. Essayli and His Supervisees. The Court sets the following dates: The Government's responses are due no later than 9/19/2025. Defendants' replies are due no later than 9/26/2025. The Court sets a hearing on the Motions for 10/14/2025 at 01:30 PM before Judge John M. Seabright, in a courtroom to be determined at a later time. Counsel are reminded to serve the any documents relating to these motions to the Courtroom Deputy Clerk at DMG_Chambers@cacd.uscourts.gov. Court Reporter: Sharon Seffens. (gk) (Entered: 09/11/2025)

MINUTES OF IN CHAMBERS ORDER by Judge J. Michael Seabright as to Defendant Ismael Garcia Jr. Prior to re-assignment of the pending Motions to Dismiss Indictments and to Disqualify, Defendants had filed Unopposed Ex Parte Applications to File Oversized Memoranda and to Set Briefing Schedules 20, 34 . Those Ex Parte Applications are GRANTED as to filing of oversized memoranda and are MOOT as to the proposed briefing schedules. The Government's Opposition Memoranda to the Motions to Dismiss Indictments and to Disqualify may also exceed page limits, but are LIMITED to 13,319 words (the length of the memorandum in Garcia). Any Reply memoranda are limited to 7,000 words. (gk) (Entered: 09/17/2025)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 filed by Plaintiff USA as to Defendant Ismael Garcia. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Robbins, Alexander) (Entered: 09/19/2025)

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2 Exhibit Exhibit 2

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4 Exhibit Exhibit 4

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EX PARTE APPLICATION for Leave to File Excess Pages as to Reply in Support of Motion to Dismiss and Disqualify (Unopposed) Filed by Defendant Ismael Garcia, Jr. (Attachments: # 1 Proposed Order) (Flynn, James) (Entered: 09/26/2025)

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REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 filed by Defendant Ismael Garcia, Jr.. (Flynn, James) (Entered: 09/26/2025)

(IN CHAMBERS) ORDER by Judge J. Michael Seabright as to Defendant Ismael Garcia, Jr. For good cause shown, the Unopposed Ex Parte Application to File Oversized Reply, [ECF No. 37 ], is GRANTED for both United States v. Garcia, Case No. 2:25-cr-655-MEMF, and United States v. Ramirez, Case No. 5:25-cr-264-SSS. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY (Entered: 09/29/2025)

JOINT NOTICE OF RELATED DECISION re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 filed by Defendant Ismael Garcia, Jr.. (Attachments: # 1 Exhibit District of Nevada Order)(Flynn, James) (Entered: 10/06/2025)

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MINUTES OF Motion Hearing held before Judge J. Michael Seabright as to Defendant Ismael Garcia, Jr. RE: Motions to Dismiss Indictment and Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21, 32 . As stated on the record, defense counsel orally waive their clients presence at the hearing. The Court and counsel confer regarding the Motions to Dismiss Indictment and Disqualify Counsel as to Bilal A. Essayli and His Supervisees. The Court takes the motions under submission. The Court sets the following date: Simultaneous briefing as to the issue stated on the record are due no later than Thursday, 10/16/2025. Counsel are reminded to serve the any documents relating to these motions to the Courtroom Deputy Clerk. Court Smart: CS 10/14/2025. (gk) (Entered: 10/14/2025)

TRANSCRIPT ORDER as to Defendant Ismael Garcia, Jr DCN number: PENDING for Court Smart (CS). Order for: Criminal Non Appeal.(Robbins, Alexander) (Entered: 10/15/2025)

TRANSCRIPT ORDER as to Defendant Ismael Garcia, Jr for Court Smart (CS). Order for: Criminal Non Appeal. (Attachments: # 1 Public Voucher)(Flynn, James) (Entered: 10/15/2025)

TRANSCRIPT filed as to Defendant Ismael Garcia, Jr for proceedings held on 10/14/25 1:36 p.m. to 3:32 p.m.. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/6/2025. Redacted Transcript Deadline set for 11/17/2025. Release of Transcript Restriction set for 1/14/2026.(apr) (Entered: 10/16/2025)

NOTICE OF FILING TRANSCRIPT filed as to Defendant Ismael Garcia, Jr for proceedings 10/14/25 1:36 p.m. to 3:32 p.m. re Transcript 44 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 10/16/2025)

SUPPLEMENTAL MEMORANDUM re NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 filed by Plaintiff USA as to Defendant Ismael Garcia. (Attorney Alexander P. Robbins added to party USA(pty:pla))(Robbins, Alexander) (Entered: 10/16/2025)

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Disqualify Counsel as to Bilal A. Essayli and His Supervisees 21 filed by Defendant Ismael Garcia, Jr.. (Flynn, James) (Entered: 10/16/2025)

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS INDICTMENTS AND TO DISQUALIFY 21 by Judge J. Michael Seabright as to Defendant Ismael Garcia, Jr. This consolidated order resolves three motions to dismiss indictments and to disqualify Bilal A. Essayli as Acting United States Attorney. The motions were brought in three pending criminal cases by Defendants Jaime Hector Ramirez ("Ramirez") (Case No. 5:25-cr-264-SSS); Ismael Garcia, Jr. ("Garcia") (Case No. 2:25-cr-655-MEMF); and Ronny Rojas ("Rojas") (Case No. 2:22-cr-00573-FWS) (collectively, "Defendants"). In both Ramirez and Garcia, two substantively identical motions to dismiss appear on the docket. See Ramirez, ECF Nos. 8, 10; Garcia, ECF Nos. 21, 32 . For purposes of this Order, the operative motions are Ramirez, ECF No. 10, and Garcia, ECF No. 21 . Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California. He has been unlawfully serving in that capacity since his resignation from the interim role on 7/29/2025. Essayli may not perform the functions and duties of the United States Attorney as Acting United States Attorney. He is disqualified from serving in that role. For the reasons stated, however, the court does not dismiss Defendants' indictments, as they were lawfully signed by other attorneys for the government and there has been no showing of due process violations or other irregularities in Defendants' prosecutions resulting from Essayli's unlawful service as Acting United States Attorney. Moreover, Essayli remains the FAUSA and may perform the functions and duties of that office. See document for further details. (gk) (Entered: 10/28/2025)