Eastern District of California • 1:26-cv-01900
(HC) Orellana v. Warden
Active
Case Information
Filed: March 09, 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:
July 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 09, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Edvin Lopez Orellana. (Deputy Clerk AMW) (Entered: 03/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 09, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Edvin Lopez Orellana. (Deputy Clerk AMW) (Entered: 03/10/2026)
Main Document:
In Forma Pauperis
#3
Mar 09, 2026
MOTION to APPOINT COUNSEL by Edvin Lopez Orellana. (Deputy Clerk AMW) (Entered: 03/10/2026)
Main Document:
Appoint Counsel
#4
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)
Main Document:
Prisoner New Case Documents for DJ Presider
#5
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)
Main Document:
CONSENT/DECLINE
Mar 10, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Edvin Lopez Orellana. (Deputy Clerk AMW)
Mar 10, 2026
Service by Mail
#6
Mar 11, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 11, 2026: Pursuant to Local Rule 302, this matter is hereby REFERRED to the assigned Magistrate Judge for further proceedings. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/11/2026)
Mar 11, 2026
Service by Mail
Mar 11, 2026
Minute Order
Mar 11, 2026
SERVICE BY MAIL: 6 Minute Order served on Edvin Lopez Orellana. (Deputy Clerk MDK)
#7
Mar 13, 2026
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2026 GRANTING 2 Motion to Proceed IFP; GRANTING 3 Motion to Appoint Counsel. 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 Magistrate Judge Edmund F. Brennan's courtroom deputy, who shall update the docket to reflect counsel's appointment. Respondents response to the petition due within 20 days from the date of this order. Respondents shall not transfer Petitioner out of this judicial district pending further order of the Court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk VLK)
Mar 13, 2026
SERVICE BY MAIL: 7 Order served on Edvin Lopez Orellana. (Deputy Clerk VLK)
Mar 13, 2026
Service by Mail
#8
Mar 20, 2026
MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/2026: The Court has been notified of Counsel's contact information, pursuant to the 3/13/2026 7 Order. Attorney Roger Ponce is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger Ponce as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 03/20/2026)
Mar 20, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#9
Mar 23, 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 OML) (Entered: 03/24/2026)
Main Document:
CONSENT/DECLINE
#10
Mar 24, 2026
SUPPLEMENT by Edvin Lopez Orellana re 1 Petition for Writ of Habeas Corpus. (Ponce, Roger) (Entered: 03/24/2026)
Main Document:
SUPPLEMENT
#13
Jul 06, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/06/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to provide Petitioner Edvin Lopez Orellana, A# 218- 147-878, with a bond hearing before a neutral decisionmaker within 7 days of issuance of this order where the government bears the burden or establishing by clear and convincing evidence that he poses a danger to the community or a risk of flight; Re spondent be enjoined and restrained from re-detaining Petitioner without a pre-deprivation bond hearing before a neutral adjudicator, who possesses authority to order release, at which the Government must prove by clear and convincing evidence that P etitioner is a flight risk or danger to the community such that his physical custody is required; and that within 10 days of the date of this order, the parties shall file a joint status report informing the court of Petitioner's custody status. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
#14
Jul 12, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#16
Jul 20, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 7/17/2026 ADOPTING 13 Findings and Recommendations in full and GRANTING 1 Petition for writ of Habeas Corpus. Respondents are ENJOINED and RESTRAINED from continuing to detain Petitioner Edv in Lopez Orellana 218-147-878 for more than 7 days from the date of this Order without a bond hearing before a neutral fact-finder at which Respondents bear the burden to justify Petitioner's detention by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. Respondents are further ENJOINED from re-detaining Petitioner absent material changed circumstances and compliance with constitutional protection. CASE CLOSED. (Deputy Clerk OML)
#17
Jul 20, 2026
Judgment
Main Document:
Judgment
#18
Jul 26, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
(HC) Orellana
Party
Warden
Party