Eastern District of California • 1:26-cv-01706
(HC) Solis Melendres v. Warden
Active
Case Information
Filed: March 02, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Luis Ubaldo Solis Melendres. (Deputy Clerk RRB) (Entered: 03/03/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Luis Ubaldo Solis Melendres. (Deputy Clerk RRB) (Entered: 03/03/2026)
Main Document:
In Forma Pauperis
#3
Mar 03, 2026
Appoint Counsel
Main Document:
Appoint Counsel
#4
Mar 03, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 03/03/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Mar 03, 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. (Anonymous) (Entered: 03/03/2026)
Main Document:
CONSENT/DECLINE
Mar 03, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Luis Ubaldo Solis Melendres. (Deputy Clerk RRB)
Mar 03, 2026
Service by Mail
#6
Mar 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 3/4/2026: Petitioner's 2 Motion to Proceed in Forma Pauperis is GRANTED. Petitioner's 3 Motion to Appoint Counsel is GRANTED. Within 7 (seven) 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 Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Deputy Clerk LMK) (Entered: 03/04/2026)
Mar 04, 2026
SERVICE BY MAIL: 6 Minute Order served on Luis Ubaldo Solis Melendres. (Deputy Clerk LMK)
Mar 04, 2026
Minute 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
Mar 04, 2026
Service by Mail
Mar 06, 2026
RECEIPT number 100007444 for $5.00 for Luis Ubaldo Solis Melendres from The Geo Group, Inc. (Deputy Clerk EF)
#8
Mar 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 3/13/2026: The court has been notified of counsel's contact information, pursuant to the 6 Order. Attorney Houston Goddard is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Houston Goddard, 100 Powell Place No. 1887, Nashville, TN 37204, 615-669-9290, houston@goddard-pope.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 03/13/2026)
#9
Mar 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 3/13/2026: Petitioner is GRANTED 7 (seven) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 03/13/2026)
Mar 13, 2026
Service by Mail
Mar 13, 2026
Minute Order
Mar 13, 2026
SERVICE BY MAIL: 8 Minute Order served on Luis Ubaldo Solis Melendres. (Deputy Clerk LMK)
Mar 13, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Mar 16, 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 CM) (Entered: 03/17/2026)
Main Document:
CONSENT/DECLINE
#11
Mar 20, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
#12
Mar 20, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#13
Mar 23, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/23/2026: Pending the issuance of the court's order resolving the pending 12 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner having already served counsel for respondents with the 11 first amended petition and 12 motion for temporary restraining order, respondents are DIRECTED to file a written opposition to the pending 12 motion for temporary restraining order by 5:00 PM on Tuesday, 3/24/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Uzzhina v. Chestnut, No. 1:25-cv-01594-DAD-SCR, 2025 WL 3458787 (E.D. Cal. Dec. 2, 2025), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/23/2026)
Mar 23, 2026
Minute Order
#14
Mar 25, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/25/2026: On 3/20/2026, petitioner filed a motion for temporary restraining order (Doc. No. 12 ). On 3/23/2026, the court directed respondent to file an opposition to the pending motion no later than 3/24/2026 at 5:00 PM. Respondent has previously appeared in this action by filing an unrelated form, but has not to date filed an opposition to the pending motion for temporary restraining order despite being directed to do so. (Doc. No. 10 .) Having considered the circumstances of petitioner's current detention, the court finds analogous and persuasive its previous order in Uzzhina v. Chestnut, No. 1:25-cv-01594-DAD-SCR, 2025 WL 3458787 (E.D. Cal. Dec. 2, 2025) where the undersigned concluded that the petitioner was entitled to immediate release because the respondents had failed to follow their own regulations regarding revocation of release. Here, petitioner was previously released from immigration custody on April 24, 2012. (Doc. No. 11 at 4.) On November 17, 2025, petitioner was detained by immigration officials without a notice of revocation of release being provided and has been detained since that point without receiving the required informal interview. (Id. at 6-7.) Accordingly, pursuant to the reasoning set forth in Uzzhina, and in light of respondent's failure to oppose the pending motion, petitioner's motion for a temporary restraining order (Doc. No. 12 ) is GRANTED. The court ORDERS the following: (1) Respondent is ORDERED to immediately release petitioner on the same conditions that governed his release immediately prior to 11/17/2025; and (2) Respondent is ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. The parties are DIRECTED to meet and confer regarding a briefing schedule on a motion for preliminary injunction and file a joint stipulation on that matter within fourteen (14) days of the date of entry of this order. (Deputy Clerk PAB) (Entered: 03/25/2026)
Mar 25, 2026
Minute Order AND Order on Motion for TRO
Mar 26, 2026
MAIL RETURNED as Undeliverable, 8 Minute Order sent to Luis Ubaldo Solis Melendres. Notice of Change of Address due by 5/4/2026. (Deputy Clerk OML)
#15
Mar 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden. Attorney Tracey McDonald, GOVT terminated. (Andrews, Anthony) (Entered: 03/30/2026)
Main Document:
DESIGNATION
#16
Apr 01, 2026
STIPULATION and PROPOSED ORDER re Briefing Schedule by Warden. (Andrews, Anthony) Modified on 4/13/2026 (HAH). (Entered: 04/01/2026)
Main Document:
STIPULATION
#17
Apr 17, 2026
RESPONSE by Warden to 14 Minute Order,,,,,,,,,, Order on Motion for TRO,,,,,,,,, 11 Amended Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 04/17/2026)
Main Document:
RESPONSE
Apr 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Parties
(HC ) Solis Melendres
Party
Warden
Party