Eastern District of California • 1:26-cv-01871

#1

Mar 09, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Oscar Octavio Franco Gonzalez. (Deputy Clerk AMW) (Entered: 03/10/2026)

#2

Mar 09, 2026

MOTION to APPOINT COUNSEL by Oscar Octavio Franco Gonzalez. (Deputy Clerk AMW) (Entered: 03/10/2026)

Mar 09, 2026

RECEIPT number 100007476 for $5.00 Habeas Filing Fee. (Deputy Clerk AMW)

#3

Mar 10, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/13/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 03/10/2026)

#4

Mar 10, 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: 03/10/2026)

Mar 10, 2026

Service by Mail

Mar 10, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Oscar Octavio Franco Gonzalez. (Deputy Clerk AMW)

#5

Mar 13, 2026

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2026 ORDERING that Within seven days from the date of this order, the appointing authority for the EDCA shall identify counsel and send counsel's contact information to Nic Cannarozzi, Courtroom Deputy for Magistrate Judge Edmund Brennan via email at ncannarozzi@caed.uscourts.gov who shall update the docket to reflect counsel's appointment. The Clerk of the Court shall serve a copy of this order on the FD, Attention: Habeas Appointment, along with a copy of the § 2241 petition. Additionally, the Clerk of the Court shall 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 US Attorney. Respondents' answer/response to the § 2241 petition is due no later than 20 days from the date of this order. Petitioner's reply is due 14 days after being served with the answer. To ensure this court's jurisdiction to resolve the pending § 2241 petition,respondents shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk LMS)

Mar 13, 2026

Service by Mail

Mar 17, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#10

May 15, 2026

Notice of Appearance

#11

Jun 29, 2026

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/29/2026 FINDING AS MOOT 2 Motion to Appoint Counsel and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted on the claim for violation of th e Fifth Amendment due process clause; that Respondents be ordered to immediately release petitioner from custody with the same conditions he was subject to immediately prior to his detention; that, at the time of his release, respondents be required to return all of petitioner's documents and possessions in their custody and control; that Respondents be directed to not re-detain petitioner without providing him notice and a pre-deprivation hearing before an immigration judge where the gover nment has the burden to demonstrate a change in circumstances by clear and convincing evidence; that the Clerk be directed to serve the Mesa Verde Detention Facility with a copy of the Court's order; that these recommendations do not address the circumstances in which respondents may detain petition in the event petitioner becomes subject to an executable final order or removal and petitioner receives notice of that final order of removal; and that the Clerk of Court be directed to enter judgment in petitioner's favor and close the case. Referred to District Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk HAH)

#12

Jul 17, 2026

ORDER signed by District Judge Dale A. Drozd on 7/17/2026 ADOPTING 11 The Findings and Recommendations in full; Petitioner's petition for writ of habeas corpus 1 is GRANTED as follows: Respondents are ORDERED to immediately release petit ioner Oscar Octavio Franco Gonzalez, A-File No. 806-916-539, from respondents' custody on the conditions he was subject to, if any, immediately prior to his re-detention on October 23, 2025; Respondents are ENJOINED and RESTRAINED from re-d etaining petitioner unless they provide petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing respondents will bear the burden to demonstrate that petitioner is a danger to the community or a flight risk by clear and convincing evidence; The Clerk of the Court is directed to serve a copy of this order on the Mesa Verde Detention Facility; and The Clerk of the Court is also directed to ENTER judgment in favor of petitioner and close this case. CASE CLOSED. (cc: Mesa Verde Detention Facility) (Deputy Clerk LMS)

#13

Jul 17, 2026

Judgment