Eastern District of California • 1:26-cv-00204

(HC) Lopez Avina v. Current or Acting Field Office Director

Completed

Case Information

Filed: January 12, 2026
Assigned to: William B. Shubb
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 15, 2026
Last Activity: June 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 12, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting United States Attorney General by Francisco Lopez Avina. (Deputy Clerk OFR) (Entered: 01/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 13, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 2/17/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk OFR) (Entered: 01/13/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#3
Jan 13, 2026
ORDER signed by Magistrate Judge Sean C. Riordan on 1/13/2026 DIRECTING Petitioner to file the Motion for IFP or pay the $5.00 filing fee within 30 days. Respondents are DIRECTED to file an Answer within 14 days from this order. Petitioner may file a Traverse within 7 days after being service with a copy of Respondent's Answer. In order to ensure this courts jurisdiction to resolve the pending § 2241 petition, RESPONDENT SHALL NOT TRANSFER petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk JJD) (Entered: 01/13/2026)
Main Document: Order
Jan 13, 2026
SERVICE BY MAIL: 3 Order served on Francisco Lopez Avina. (Deputy Clerk JJD)
Jan 13, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Francisco Lopez Avina. (Deputy Clerk OFR)
Jan 13, 2026
Service by Mail
Jan 27, 2026
RECEIPT number 100007044 $5.00 paid on 01/27/26 by Francisco Avina. (Deputy Clerk CM)
#5
Jan 29, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jan 29, 2026
Request
Main Document: Request
#7
Jan 30, 2026
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#8
Jan 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Respondents; attorney Edward Alan Olsen, GOVT terminated. (Yu, Jonathan) (Entered: 01/30/2026)
Main Document: DESIGNATION
#9
Feb 02, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 2/2/2026: Respondents have requested a one-week extension of time to assign this case to an Assistant United States Attorney and file an Answer to the habeas petition (ECF No. 6 ). Respondents' request is GRANTED. Respondents are DIRECTED to file an Answer within 7 days from this order. Petitioner may file a Traverse within 7 days after being service with a copy of Respondents' Answer. (Deputy Clerk SH) (Entered: 02/02/2026)
#10
Feb 02, 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 AJB) (Entered: 02/03/2026)
Main Document: CONSENT/DECLINE
Feb 02, 2026
Service by Mail
Feb 02, 2026
SERVICE BY MAIL: 9 Minute Order served on Francisco Lopez Avina. (Deputy Clerk SH)
Feb 02, 2026
Minute Order AND Order on Request AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Feb 09, 2026
RESPONSE to 2/2/2026 Minute Order and ANSWER to 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Yu, Jonathan) Modified on 2/10/2026 (KLY). (Entered: 02/09/2026)
Main Document: RESPONSE
#12
Feb 17, 2026
MINUTE ORDER (Text Only Entry) issued by Magistrate Judge Sean C. Riordan on 2/17/2026: Having reviewed the pleadings in this case and the complexity of the legal issues involved, the Court has determined, sua sponte, that the interests of justice require the appointment of counsel for petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Shelly Her, Courtroom Deputy for Magistrate Judge Sean Riordan, via email at sher@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Feb 18, 2026
SERVICE BY MAIL: 12 Minute Order served on Francisco Lopez Avina. (Deputy Clerk KS)
Feb 18, 2026
Service by Mail
#13
Feb 25, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 2/25/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 12 . Attorney Roger Ponce is hereby appointed nunc pro tunc to 2/23/2026 and pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger Ponce, 1424 17th Street, Bakersfield, CA 93301, (661) 888-2003, roger@rogerponcelaw.com, as counsel for petitioner in this matter. The Clerk of the Court shall also serve a copy of this order, a copy of petitioner's application for writ of habeas corpus (ECF No. 1 ), and respondent's response (ECF No. 11 ) on Roger Ponce, roger@rogerponcelaw.com. Absent a stipulation by the parties to a different briefing schedule or further court order, petitioner's reply/traverse is due no later than 14 days from the date of this order. (Deputy Clerk SH) (Entered: 02/25/2026)
Feb 25, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#15
Mar 26, 2026
Temporary Restraining Order
Main Document: Temporary Restraining Order
#16
Mar 26, 2026
Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Mar 29, 2026
OPPOSITION to 15 Motion for Temporary Restraining Order by All Respondents. (Yu, Jonathan) Modified on 4/2/2026 (KS). (Entered: 03/29/2026)
Main Document: OPPOSITION
#18
Mar 30, 2026
Order AND Order on Motion for TRO
Main Document: Order AND Order on Motion for TRO
#19
Apr 01, 2026
TRAVERSE by Francisco Lopez Avina. (Ponce, Roger) Modified on 4/6/2026 (KS). (Entered: 04/01/2026)
Main Document: TRAVERSE
#20
Apr 28, 2026
Findings and Recommendations
Main Document: Findings and Recommendations
#21
May 05, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#22
May 06, 2026
RESPONSE to 21 Objections to Findings and Recommendations by Francisco Lopez Avin. (Ponce, Roger) Modified on 5/13/2026 (KS). (Entered: 05/06/2026)
Main Document: RESPONSE
#23
May 15, 2026
Findings and Recommendations AND Order AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order AND ~Util - Terminate Civil Case
#24
May 15, 2026
Judgment
Main Document: Judgment
#25
Jun 04, 2026
Notice (Other)
Main Document: Notice (Other)
#26
Jun 05, 2026
Appeal Processed to USCA
Main Document: Appeal Processed to USCA
#27
Jun 09, 2026
USCA CASE NUMBER 26-3687 re: 25 Notice of Appeal. (Deputy Clerk JJD) (Entered: 06/09/2026)
Jun 09, 2026
USCA Case Number

Parties

Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement
Party
(HC) Avina
Party