Eastern District of California • 1:26-cv-00017
(HC) V.M. v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: January 05, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
March 27, 2026
Parties:
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Docket Entries
#1
Jan 05, 2026
2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Eduardo Veliz Martin. (Deputy Clerk SSA) (Entered: 01/06/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 05, 2026
MOTION to APPOINT COUNSEL by Eduardo Veliz Martin. (Deputy Clerk SSA) (Entered: 01/06/2026)
Main Document:
Appoint Counsel
Jan 05, 2026
Receipt
Jan 05, 2026
RECEIPT number 100006792 for $5.00 for Eduardo Veliz Martin. (Deputy Clerk SSA)
#3
Jan 06, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/9/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 01/06/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
Jan 06, 2026
Service by Mail
Jan 06, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Eduardo Veliz Martin. (Deputy Clerk SSA)
#4
Jan 07, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 01/07/26 ORDERING Respondents to file a response to Petitioners request for immediate injunctive relief by 01/14/26. In order to ensure this Courts jurisdiction to resolve the pending § 224 1 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. Petitioner is PROVISIONALLY AUTHORIZED to proceed in forma pauperis subject to Petitioner filing a n application to proceed in forma pauperis by 01/28/26. Petitioners 2 Motion to Appoint Counsel is GRANTED. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsels contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsels appointment. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk VLC)
Jan 07, 2026
Service by Mail
Jan 07, 2026
SERVICE BY MAIL: 4 Order and Non-Prisoner IFP Application served on Eduardo Veliz Martin. (Deputy Clerk VLC)
#6
Jan 14, 2026
OPPOSITION to Motion for Temporary Restraining Order by All Respondents. Attorney Lee, Justin added. (Lee, Justin) Modified on 2/2/2026 (HAH). (Entered: 01/14/2026)
Main Document:
RESPONSE
#7
Jan 15, 2026
CERTIFICATE of SERVICE re 6 Opposition by All Respondents. (Lee, Justin) Modified on 2/2/2026 (HAH). (Entered: 01/15/2026)
Main Document:
Certificate / Proof of Service
#8
Jan 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on January 15, 2026: In light of the fact counsel has yet to be appointed, the Court extends the deadline to appoint counsel to Monday, January 19, 2026. If the appointing authority for the Eastern District of California cannot locate counsel by then, the appointing authority shall notify the Court at mkrueger@caed.uscourts.gov. The Court further sets the deadline for Petitioner to file a reply and/or supplement the record to February 2, 2026. The Clerk of the Court shall serve a copy of this minute order on the Federal Defender, Attention: Habeas Appointment. (TEXT ONLY ENTRY) (cc: Federal Defender Habeas Appointment) (Deputy Clerk MDK) (Entered: 01/15/2026)
#9
Jan 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 1/15/2026: The Court has been notified of Counsel's contact information, pursuant to the Orders at ECF Nos. 4 and 8. Attorney Jeffrey T. Hammerschmidt is hereby appointed nunc pro tunc to 1/12/2026 as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Jeffrey T. Hammerschmidt, Hammerschmidt Law Corporation, 2445 Capitol St. Suite 215, Fresno, CA 93721, 559-233-5333, jeff@hammerlawcorp.com, as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MDK) (Entered: 01/15/2026)
Jan 15, 2026
Minute Order
Jan 15, 2026
Service by Mail
Jan 15, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Jan 15, 2026
SERVICE BY MAIL: 9 Minute Order served on Eduardo V.M. (Deputy Clerk MDK)
#10
Jan 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Eduardo V.M.. (Deputy Clerk LMS) (Entered: 01/21/2026)
Main Document:
In Forma Pauperis
#11
Feb 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 3, 2026: On January 15, 2026, Attorney Jeffrey T. Hammerschmidt was appointed CJA counsel for Petitioner. (ECF No. 9.) The same day, the Court set the deadline for Petitioner to file a reply and/or supplement the record by February 2, 2026. (ECF No. 8 .) This deadline has passed. Petitioner's counsel is hereby directed to inform the Court at mkrueger@caed.uscourts.gov by Wednesday, February 4, 2026 at 12:00PM whether he intends to request an extension and file a reply and/or supplement the record. Failure to respond will result in this Court issuing a ruling without a reply. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/03/2026)
Feb 03, 2026
Minute Order
#12
Feb 06, 2026
MOTION for EXTENSION OF TIME to File Response to the 2/3/2026 Minute Order by Eduardo V.M.. (Hammerschmidt, Jeffrey) Modified on 2/9/2026 (KLY). (Entered: 02/06/2026)
Main Document:
Extension of Time
#13
Feb 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 17, 2026 GRANTING Petitioner's Motion for Extension of Time (ECF No. 12 ). Petitioner shall file a response by February 18, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND Order on Motion for Extension of Time
#14
Feb 18, 2026
STATUS REPORT by Eduardo V.M. (Hammerschmidt, Jeffrey) (Entered: 02/18/2026)
Main Document:
STATUS
#15
Mar 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 2, 2026: The Court has reviewed the February 18, 2026 status report Petitioner's counsel submitted, which states that counsel has been unable to get in contact with Petitioner. (ECF No. 14 .) Petitioner's counsel is directed to file another status report by March 3, 2026, indicating whether counsel has been able to meet with Petitioner. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/02/2026)
Mar 02, 2026
Minute Order
#16
Mar 03, 2026
STATUS REPORT by Eduardo V.M.. (Hammerschmidt, Jeffrey) (Entered: 03/03/2026)
Main Document:
STATUS
#17
Mar 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 4, 2026: The Court has reviewed the status report submitted by Petitioner's counsel. (ECF No. 16 .) In light of the additional meeting scheduled between Petitioner's counsel and Petitioner on March 10, 2026, Petitioner shall file his reply to Respondents' opposition (ECF No. 6 ) by March 17, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/04/2026)
Mar 04, 2026
Minute Order
#18
Mar 11, 2026
REPLY by Eduardo V.M. re 6 Response. (Hammerschmidt, Jeffrey) (Entered: 03/11/2026)
Main Document:
REPLY
#19
Mar 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 19, 2026: On January 7, 2026, the Court ordered Respondents to file "relevant portions of Petitioner's A-File and any and all available records related to Petitioner's allegations." (ECF No. 4 at 2.) Although Respondents filed a response on January 14, 2026 (ECF No. 6 ), it did not include the documents ordered by the Court. Respondents must file documents compliant with the Court's Order, as well as Petitioner's Form I-213, by March 20, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/19/2026)
Mar 19, 2026
Minute Order
#20
Mar 20, 2026
RESPONSE to 19 Minute Order by All Respondents. (Attachments: # 1 Exhibit A)(Lee, Justin) Modified on 3/24/2026 (KS). (Entered: 03/20/2026)
Main Document:
RESPONSE
#21
Mar 25, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 3/24/26 GRANTING 10 Motion to Proceed IFP and GRANTING Motion for Temporary Restraining Order contained in the 1 Habeas Petition. Respondents must IMMEDIATELY RELEASE Petitioner from custod y under the same conditions he was released prior to his current detention. Respondents shall not impose any additional restrictions on him, unless such restrictions are determined to be necessary at a future pre-deprivation/custody hearing. Responde nts must file a notice certifying compliance with this provision of the Court's Order within 2 days of the electronic filing date of this Order. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7 days' notice and a pre-deprivation hearing before a neutral fact-finder and Petitioner shall be allowed to have counsel present. Respondents and their officers, agents, servants, employees, and persons acting on their behalf in concert or in participation with them is further temporarily ENJOINED andRESTRAINED from removing Petitioner to Mexico until they first allow him a meaningful opportunity to be heard on his fear-based claim before an immigration judge in compliance with due process. Petitioner may supplement or amend his Petition for Writ of Habeas Corpus within 7 days of the elect ronic filing date of this Order. Respondents are ORDERED TO SHOW CAUSE why this Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers within 10 days of the el ectronic filing date of this Order. Petitioner may file a reply, if any, within 13 days of the electronic filing date of this Order. The parties shall indicate in their briefing whether they request a hearing. The bond requirement of Federal Rule of Civil Procedure 65(c) is waived. (Deputy Clerk JAW)
#22
Mar 27, 2026
RESPONSE to 21 Order by Respondents. (Lee, Justin) Modified on 4/7/2026 (HAH). (Entered: 03/27/2026)
Main Document:
RESPONSE
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