Eastern District of California • 1:26-cv-00114

(HC) Zhong v. Warden, California City Correctional Center

Active

Case Information

Filed: January 08, 2026
Assigned to: Daniel J. Calabretta
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 08, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Field Office Director, Immigration and Customs Enforcement, Enforcement and Removal Operations, San Francisco Field Office, Kristi Noem, Warden, California City Correctional Center by Ouyang Zhong. (Deputy Clerk OFR) (Entered: 01/09/2026)
Main Document: Petition for Writ of Habeas Corpus
Jan 08, 2026
RECEIPT number 100006835: $5.00 for Writ of Habeas Corpus from Ouyang Zhong. (Deputy Clerk OFR)
#2
Jan 09, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/12/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 01/09/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Jan 09, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/9/2026: Having reviewed the 1 Petition for Habeas Corpus filed in this case and in light of Petitioners request for release, the Court construes the petition as a Motion for Temporary Restraining Order. It also appears that Petitioner may be entitled to relief. Petitioner asserts that he has been subject to a final order of removal since 1995 but that he was released in 2006 under an order of supervision. (ECF No. 1 at 2.) Petitioner alleges that he was taken back into custody on June 9, 2025, and has remained in custody ever since. (Id. at 2 -3.) Revocation of release is permissible if, on account of changed circumstances, the Service determines that there is a significant likelihood that the alien may be removed in the reasonably foreseeable future. 8 C.F.R. § 241.13(i)(2). Moreover, the removal period during which detention is permitted is generally limited to 90 days. See 8 U.S.C. § 1231; see also Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Petitioner asserts Respondents were previously unable to remove him to China and that he has been in custody for over 6 months during which the Respondents have been unable to remove him. Accordingly, on or before January 15, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there is a significant likelihood that Petitioner may be removed in the reasonably foreseeable future and why the Court should not grant Petitioners Motion. The Clerk of the Court shall serve a copy of this order together with a copy of petitioners application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) on the United States Attorney. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 01/09/2026)
#4
Jan 09, 2026
CLERK'S NOTICE: Petition for Writ of Habeas Corpus (ECF No. 1 ) and Minute Order (ECF No. 3) served on the United States Attorney at usacae.ecf2241-imm@usdoj.gov. (Deputy Clerk GJM) (Entered: 01/09/2026)
Jan 09, 2026
Service by Mail
Jan 09, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jan 09, 2026
SERVICE BY MAIL: Minute Order (ECF No. 3) and Clerk's Notice (ECF No. 4) served on Ouyang Zhong. (Deputy Clerk GJM)
Jan 09, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Ouyang Zhong. (Deputy Clerk OFR)
#5
Jan 16, 2026
MINUTE ORDER signed by District Judge Daniel J. Calabretta on 1/16/2026: On January 9, 2026, the Court issued an Order directing Respondents to show cause, on or before January 15, 2026, as to whether there is a significant likelihood that Petitioner may be removed in the reasonably foreseeable future and why the Court should not grant Petitioners Motion. (ECF No. 3.) Respondents failed to file a response to that Order. Accordingly, Respondents are ORDERED TO SHOW CAUSE, by January 19, 2026 at 11:59 A.M., as to whether there is a significant likelihood that Petitioner may be removed in the reasonably foreseeable future and why the Court should not grant Petitioners Motion. Failure to file a response will be construed as non-opposition to the Court granting Petitioner's Motion. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 01/16/2026)
Jan 16, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jan 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Yu, GOVT added for All Respondents. (Yu, Jonathan) Modified on 1/21/2026 (KS). (Entered: 01/18/2026)
Main Document: DESIGNATION
#7
Jan 18, 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. (Yu, Jonathan) (Entered: 01/18/2026)
Main Document: CONSENT/DECLINE
#8
Jan 19, 2026
RESPONSE to 5 Order to Show Cause, OPPOSITION to Injunctive Relief, and OPPOSITION to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Decl. of Medina) (Yu, Jonathan) Modified on 1/23/2026 (KS). (Entered: 01/19/2026)
Main Document: RESPONSE
#9
Jan 22, 2026
ORDER signed by District Judge Daniel J. Calabretta on 1/21/2026 DENYING 1 Petitioners' Motion for Temporary Restraining Order. This matter is referred to the assigned Magistrate Judge for further briefing on the merits of the Petition. (Deputy Clerk LMS)
Main Document: Order
Jan 22, 2026
SERVICE BY MAIL: 9 Order, served on Ouyang Zhong. (Deputy Clerk LMS)
Jan 22, 2026
Service by Mail
#10
Jan 26, 2026
ORDER signed by Magistrate Judge Dennis M. Cota on 1/26/2026 APPOINTING the federal defender to represent Petitioner. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel a nd send counsel's contact information to Judge Dennis M. Cota's courtroom deputy, who shall update the docket to reflect counsel's appointment. Respondents are DIRECTED to file any response within 21 days and Petitioner is to file a re ply 14 days from the filing of the respondent's response. In order to ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner out of this judicial district pending further order of the Court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk AMW)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#12
Jan 26, 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. (Deputy Clerk RRB) (Entered: 01/27/2026)
Main Document: CONSENT/DECLINE
Jan 26, 2026
Service by Mail
Jan 26, 2026
SERVICE BY MAIL: 10 Order served on Ouyang Zhong. (Deputy Clerk AMW)
#13
Jan 29, 2026
CERTIFICATE of SERVICE re 8 Response to Order to Show Cause, Opposition to Injunctive Relief, and Opposition to Petition by All Respondents. (Yu, Jonathan) Modified on 2/5/2026 (KS). (Entered: 01/29/2026)
Main Document: Certificate / Proof of Service
#14
Jan 30, 2026
MINUTE ORDER signed by Magistrate Judge Dennis M. Cota on 01/30/26: The Federal Defender's request to withdraw as counsel for Petitioner and to substitute David A. Torres, Esq., is granted. Pursuant to Local Rule 180(b), Attorney Torres is hereby appointed as CJA counsel for Petitioner for the duration of the proceedings in this court, nunc pro tunc to January 29, 2026. The Clerk of Court shall update the docket to terminate the Federal Defender and to substitute Attorney David A. Torres, Law Office of David Torres, 1318 K Street, Bakersfield, CA 93301, 661-326-0857, 661-326-0936 (fax), dtorres@lawtorres.com, as counsel for Petitioner in this matter. Petitioner's counsel is DIRECTED to send a copy of the petition and provide the Petitioner's full name and A number to the US Attorney Jonathan Yu by February 3, 2026, at 10:00 A.M., at their email jonathan.yu@usdoj.gov. Dates and deadlines, as ordered in ECF No. 10, remain in effect. (cc: Federal Defender Habeas Appointment) (Text Only Entry), Attorney David A. Torres for Ouyang Zhong added. (Deputy Clerk JLP) (Entered: 01/30/2026)
Jan 30, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#18
Mar 02, 2026
Miscellaneous Relief
Main Document: Miscellaneous Relief
#20
Apr 08, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 04/08/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted and 18 Motion be denied as moot. It is further RECOMMEDNED that Respondents be ordered to i mmediately release Petitioner and Respondents be enjoined and restrained for re arresting or re-detaining Petitioner. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served these findings and recommendations. (Deputy Clerk VLC)
Main Document: Findings and Recommendations
#21
Apr 15, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#22
Apr 16, 2026
ORDER signed by District Judge Daniel J. Calabretta on 4/16/2026 ADOPTING IN FULL 20 Findings and Recommendations; GRANTING 1 Petition for Writ of Habeas Corpus; DENYING AS MOOT 18 Motion for Reply to be Deemed Timely; ORDERING Respondents to i mmediately release Petitioner Ouyang Zhong (A# 073-188-093) with his belongings, on the same terms as his prior release and to not impose any additional restriction on him; ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petit ioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to enter judgment in favor of Petitioner and close the case and to serve California City Correctional Center with a copy of this Order. (cc: ICE–California City) CASE CLOSED. (Deputy Clerk GJM)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief
#23
Apr 16, 2026
Judgment
Main Document: Judgment

Parties

(HC) Zhong
Party
Warden, California City Correctional Center
Party