Eastern District of California • 1:26-cv-01707
(HC) Andres A.B. v. Warden of the California City Detention Facility
Active
Case Information
Filed: March 02, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 02, 2026
PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Facility by Andres A. Ayala Bailon. (Deputy Clerk KML) (Entered: 03/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 02, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Andres A. Ayala Bailon. (Deputy Clerk KML) (Entered: 03/04/2026)
Main Document:
In Forma Pauperis
#3
Mar 02, 2026
MOTION to APPOINT COUNSEL by Andres A. Ayala Bailon. (Deputy Clerk KML) (Entered: 03/04/2026)
Main Document:
Appoint Counsel
#4
Mar 04, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/6/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KML) (Entered: 03/04/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#5
Mar 04, 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: 03/04/2026)
Main Document:
CONSENT/DECLINE
Mar 04, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Andres A. Ayala Bailon. (Deputy Clerk KML)
Mar 04, 2026
Service by Mail
#6
Mar 05, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 3/4/2026 ORDERING that within 3 days of this Order, Respondents shall file a response to Petitioner's request for immediate injunctive relief; AUTHORIZING Petitioner provisionally to procee d in forma pauperis without prepayment of the filing fee in this action, subject to Petitioner filing an application to proceed in forma pauperis by 8/4/2026; GRANTING 3 Motion to Appoint Counsel; Respondent shall not transfer Petitioner to anothe r detention center outside of this judicial district, pending further order of the Court; and 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 Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel's appointment. (cc FPD and AUSA) (Deputy Clerk RRB)
Mar 05, 2026
Service by Mail
Mar 05, 2026
SERVICE BY MAIL: 6 Order and IFP form served on Andres A.B.. (Deputy Clerk RRB)
#7
Mar 08, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus and RESPONSE to 6 Order by Warden of the California City Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Certificate of Service) (Ahmed, Ihsan) Modified on 3/13/2026 (KS). (Entered: 03/08/2026)
Main Document:
ANSWER
#8
Mar 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 3/11/2026: Pursuant to the Order dated 3/5/2026 (ECF No. 6 ), the appointing authority for the Eastern District of California has confirmed that Federal Public Defender, Southern District of Indiana and Italia Patti, Assistant Federal Public Defender, seek appointment and notified of Counsel's contact information. Attorney Italia Patti is hereby appointed as CJA counsel for petitioner as permitted in General Order 700, Section X1 (C). The Clerk of Court shall update the docket to reflect, Italia Patti, Indiana Federal Community Defenders, 111 Monument Cir., Suite 3200, Indianapolis, IN 46204-5173, 317-383-3520, as counsel for petitioner on an ad hoc basis in this matter. (TEXT ONLY ENTRY) (cc: FD Habeas Appointment) (Deputy Clerk MDK) (Entered: 03/11/2026)
#9
Mar 11, 2026
NOTICE of APPEARANCE by Florence Italia Patti, GOVT on behalf of Andres A.B.. Attorney Patti, Florence Italia added. (Patti, Florence) (Entered: 03/11/2026)
Main Document:
Notice of Appearance
#10
Mar 11, 2026
MOTION for 7-DAY EXTENSION OF TIME to File Reply to 7 Response by Andres A.B.. (Attachments: # 1 Proposed Order) (Patti, Florence) Modified on 3/16/2026 (KS). (Entered: 03/11/2026)
Main Document:
Extension of Time
#11
Mar 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 11, 2026 GRANTING Petitioner's Motion for Extension of Time (ECF No. 10 ). Petitioner is permitted to file a reply on or before March 13, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/11/2026)
Mar 11, 2026
Minute Order AND Order on Motion for Extension of Time
Mar 11, 2026
SERVICE BY MAIL: 8 Minute Order served on Andres A.B. (Deputy Clerk MDK)
Mar 11, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Mar 11, 2026
Service by Mail
#12
Mar 13, 2026
REPLY by Andres A.B. re 1 Petition for Writ of Habeas Corpus. (Patti, Florence) (Entered: 03/13/2026)
Main Document:
REPLY
#14
Mar 18, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Andres A.B. (Deputy Clerk JAW) (Entered: 03/19/2026)
Main Document:
In Forma Pauperis
#13
Mar 19, 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 SSA) (Entered: 03/19/2026)
Main Document:
CONSENT/DECLINE
#15
Apr 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 2, 2026: This matter is before the Court on Petitioner's motion for injunctive relief. (ECF Nos. 1, 6 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. Respondents must provide a bond hearing within three (3) days of this Order where Respondents bear the burden of demonstrating by clear and convincing evidence before a neutral decisionmaker that Petitioner poses a danger to the community or a flight risk. The decisionmaker must consider Petitioner's financial circumstances for bond and alternative conditions of release. Hernandez v. Sessions, 872 F.3d 976, 991 (9th Cir. 2017). At the hearing, Petitioner shall be allowed to have counsel present. If Petitioner is not found to be a danger to society or flight risk, Respondents must immediately release Petitioner. Respondents may impose any restrictions or conditions determined to be necessary by the neutral decisionmaker at the hearing. Within five (5) days, Respondent must file a notice of compliance and identify the outcome of the bond hearing. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. This matter is REFERRED to the assigned Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/02/2026)
Apr 02, 2026
Minute Order
#17
Apr 08, 2026
Enforce Judgment
Main Document:
Enforce Judgment
Apr 09, 2026
Minute Order AND ~Util - Motions Submitted/Under Advisement
Jul 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 19, 2026
Minute Order
#29
Sep 03, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 09/02/2026 GRANTING the 1 Petition for Writ of Habeas Corpus. Within 5 days, the parties shall meet and confer and submit a joint statement regarding proposed conditions of release, which shal l include GPS location monitoring and any other conditions the parties believe will mitigate the risks involved in Petitioner's release from detention. Respondents shall be prepared to release Petitioner within 12 hours after submission of joint statement of proposed conditions, or as soon thereafter as ordered by the Court. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and con stitutional protections, including a minimum of 7 days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petit ioner shall be allowed to have counsel present. Petitioner's 17 Motion to Enforce Temporary Restraining Order is DENIED as moot. Petitioner's 14 Motion to Proceed IFP is DENIED as moot. CASE CLOSED. (cc: California City) (Deputy Clerk KS)
#30
Sep 03, 2026
Judgment
Main Document:
Judgment
#31
Sep 08, 2026
Notice (Other)
Main Document:
Notice (Other)
#32
Sep 09, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 9/8/2026 ORDERING that within 2 days of the date of this Order, Respondents shall RELEASE Petitioner Andres A.B. (A No. 240-085-078) from custody, under GPS location monitoring, and unde r the supervision of weekly telephonic check-ins with an ICE officer. At the time of release, Respondents must return all of Petitioner's documents and possessions. Petitioner shall be required to report for any immigration court hearing or inte rview; attend check-ins with ICE; surrender for removal if so ordered and assist in obtaining necessary travel documents; not change address without prior notice and/or approval; report to any parole or probation officer as required and provide ICE w ith written verification of the officer's contact information and reporting requirements within 5 business days of the first appointment with a parole officer; and not violate any local, state, or federal laws or ordinances. Respondents may re-d etain Petitioner, if Petitioner violates the conditions of his release and Respondents provide Petitioner notice and an opportunity to be heard as to the alleged violations in accordance with the constitutional protections articulated in the Court� 39;s 9/3/2026 Order, or if Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. The conditions listed in this Order are the most restrictive conditions that may be imposed absent further order of the Court. Respondents must file a notice certifying compliance with this provision of the Court's Order within 4 court days from the date of this Order. (cc: ICE-California City) (Deputy Clerk HAH)
Sep 16, 2026
Minute Order
Parties
(HC) Ayala Bailon
Party
Warden of the California City Detention Facility
Party