Eastern District of California • 1:26-cv-00639
(HC) Phonesavanh v. Warden of California City Detention Facility
Active
Case Information
Filed: January 26, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 26, 2026
Parties:
View All Parties →
Docket Entries
#2
Jan 26, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Lamkeo Phonesavanh. (Deputy Clerk VLK) (Entered: 01/27/2026)
Main Document:
In Forma Pauperis
#3
Jan 26, 2026
MOTION to APPOINT COUNSEL by Lamkeo Phonesavanh. (Deputy Clerk VLK) (Entered: 01/27/2026)
Main Document:
Appoint Counsel
#1
Jan 27, 2026
Petition for Writ of Habeas Corpus
Main Document:
Petition for Writ of Habeas Corpus
#4
Jan 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLK) (Entered: 01/27/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
Jan 27, 2026
Service by Mail
Jan 27, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Lamkeo Phonesavanh. (Deputy Clerk VLK)
Jan 27, 2026
RECEIPT number 100007051 for $5.00 for filing fee from Lamkeo Phonesavanh. (Deputy Clerk VLK)
#5
Jan 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Warden of California City Detention Facility (Lee, Calvin) (Entered: 01/28/2026)
Main Document:
DESIGNATION
#6
Jan 28, 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. (Lee, Calvin) (Entered: 01/28/2026)
Main Document:
CONSENT/DECLINE
#7
Jan 29, 2026
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document:
Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Jan 29, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 1/29/2026: A review of the 1 petition for writ of habeas corpus in this action reveals that petitioner appears to request emergency relief. To the extent that petitioner seeks emergency relief, petitioner is DIRECTED to file a motion for temporary restraining order. (Deputy Clerk PAB) (Entered: 01/29/2026)
Jan 29, 2026
Service by Mail
Jan 29, 2026
Minute Order
Jan 29, 2026
SERVICE BY MAIL: 8 Minute Order, served on Lamkeo Phonesavanh. (Deputy Clerk PAB)
#9
Jan 30, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 01/30/2026. The order at ECF No. 7 is VACATED. Petitioner's motions to proceed in forma pauperis (ECF No. 2 ) and to appoint counsel (ECF No. 3 ) are GRANTED. The Federal Defender is directed to identify counsel to represent petitioner. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jonathan Anderson at janderson@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within 7 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within 7 days of adding counsel for petitioner, petitioner's counsel may file an amended or supplemental petition and/or motion for temporary restraining order, if any. The Clerk of the Court shall also serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Unless petitioner files a motion for temporary restraining order, respondents are directed to file an answer/return within 14 days from the date an amended or supplemental petition is filed or due. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. If petitioner files a motion for temporary restraining order, briefing on the operative petition will be stayed pending resolution of the motion for temporary restraining order. Respondent shall NOT TRANSFER Petitioner outside of this judicial district, pending further order of the court. (Text Only Entry). (Deputy Clerk JAA) (Entered: 01/30/2026)
Jan 30, 2026
SERVICE BY MAIL: 9 Minute Order served on Lamkeo Phonesavanh. (Deputy Clerk JAA)
Jan 30, 2026
Service by Mail
Jan 30, 2026
Minute Order
#10
Feb 03, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Warden of California City Detention Facility (Lee, Calvin) (Entered: 02/03/2026)
Main Document:
DESIGNATION
#11
Feb 06, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 02/06/2026. The court has been notified of counsel's contact information, pursuant to the 9 Minute Order. Attorney, Karen Pedraza, Pedraza Law Corp, 3550 Watt Ave. Ste. 140, Sacramento, CA 95821, 209-306-2877, Email: karen@pedrazalawcorp.org, as counsel for Petitioner in this matter. (Text Only Entry). (Deputy Clerk JAA) (Entered: 02/06/2026)
#13
Feb 06, 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 JAW) (Entered: 02/09/2026)
Main Document:
CONSENT/DECLINE
Feb 06, 2026
Minute Order
#14
Mar 03, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/03/2026. Counsel for petitioner was added on 2/6/26 11 and had 7 days to file an optional amended or supplemental petition. In the event an amended or supplemental petition was not filed, respondents were directed to file an answer/return within 14 days from the date an amended or supplemental petition was due. That time has now passed, and respondents have not filed a response to the petition. Respondents are directed to file an answer/return within 7 days of this order. Failure to respond will be deemed an admission of any factual representations in the petition. See Fed. R. Civ. P. 8(b)(6) ("An allegation... is admitted if a responsive pleading is required and the allegation is not denied."). (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/03/2026)
Mar 03, 2026
Minute Order
#15
Mar 05, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by Warden of California City Detention Facility . (Lee, Calvin) (Entered: 03/05/2026)
Main Document:
ANSWER
#16
Mar 16, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/16/2026. The court has reviewed the briefing on the petition. Within 7 days, petitioner's counsel shall file a supplemental brief that provides the court with additional factual background regarding petitioner's current detention and, if applicable, prior detention. Respondents may file a response within 7 days. If respondents dispute any factual representations in the supplemental brief, they shall include with their response any and all documents necessary to support their view of the facts. (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/16/2026)
Mar 16, 2026
Minute Order
#17
Mar 24, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/24/2026. On 3/16/26, petitioner's counsel was ordered 16 to "file a supplemental brief that provides the court with additional factual background regarding petitioner's current detention and, if applicable, prior detention." The deadline has passed and counsel has neither filed a supplemental brief nor sought additional time to do so. Within 3 days, petitioner's counsel shall SHOW CAUSE why she should not be sanctioned for failing to comply with a court order. The response must be accompanied by the previously ordered supplemental briefing. (Text Only Entry) (Deputy Clerk JAA) (Entered: 03/24/2026)
#18
Mar 24, 2026
STATUS UPDATE and RESPONSE to 17 Order to Show Cause by Lamkeo Phonesavanh. (Pedraza, Karen) Modified on 4/1/2026 (KS). (Entered: 03/24/2026)
Main Document:
STATUS
#19
Mar 24, 2026
RESPONSE by Warden of California City Detention Facility to 18 Response to Order to Show Cause. (Lee, Calvin) (Entered: 03/24/2026)
Main Document:
RESPONSE
Mar 24, 2026
Minute Order
#20
Mar 26, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 03/26/2026. On 3/24/26 the court ordered petitioner's counsel to show cause why she should not be sanctioned for failing to comply with a court order 17 . Counsel has responded 18 and the order to show cause is DISCHARGED. Within 14 days of this order, petitioner shall file either the previously ordered supplemental briefing, which the court shall understand means petitioner intends to proceed with this action, or a motion for voluntary dismissal. (Text Only Entry). (Deputy Clerk JAA) (Entered: 03/26/2026)
Mar 26, 2026
Minute Order
#21
Apr 09, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
#22
Apr 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 04/15/2026. Petitioner has filed an amended petition 21 . The amended petition references an attached declaration which is not attached. Petitioner shall submit his supporting declaration within two days. Respondents are directed to file an answer/return within 14 days from the date of this order. Respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Nguyen v. Warden of Golden State Annex Detention Facility, No. 1:25-cv-1708 AC, 2026 WL 292874 (E.D. Cal. Feb. 4, 2026); Pham v. Warden, No. 1:25-cv-1873 DC AC, 2026 WL 673404 (E.D. Cal. Mar. 10, 2026), adopted by 2026 WL 849861 (E.D. Cal. Mar. 27, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/15/2026)
#23
Apr 15, 2026
DECLARATION of Lamkeo Phonesavanh in support of 21 Amended Petition for Writ of Habeas Corpus. (Pedraza, Karen) Modified on 4/27/2026 (HAH). (Entered: 04/15/2026)
Main Document:
DECLARATION
Apr 15, 2026
Minute Order
#24
Apr 20, 2026
Dismiss
Main Document:
Dismiss
#25
Apr 21, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 04/21/2026. Respondents' have filed a motion to dismiss and emergency motion to dissolve the order prohibiting transfer 24 . In light of respondents' representation that they have obtained valid travel documents and are seeking to remove petition on May 3, 2026, petitioner shall file any opposition or notice of non-opposition within three days. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/21/2026)
Apr 21, 2026
Minute Order
#26
Apr 23, 2026
Statement of Non-Opposition
Main Document:
Statement of Non-Opposition
#27
Apr 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 04/24/2026. Respondents' request 24 to dissolve the 1/30/26 order prohibiting petitioner's transfer out of this district is GRANTED to the extent the order is MODIFIED to permit petitioner's transfer out of the district for the purpose of boarding a flight to Laos in order to effect petitioner's removal. In light of respondents' representation that they intend to remove petitioner on 5/3/26, respondents shall notify the court of the status of petitioner's removal by 5/5/26. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/24/2026)
Apr 24, 2026
Minute Order AND Order on Motion to Dismiss
#28
May 05, 2026
STATUS REPORT by Warden of California City Detention Facility. (Lee, Calvin) (Entered: 05/05/2026)
Main Document:
STATUS
May 11, 2026
Minute Order
#30
May 16, 2026
Dismiss
Main Document:
Dismiss
May 26, 2026
Minute Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Parties
(HC) Phonesavanh
Party
Warden of California City Detention Facility
Party