Eastern District of California • 1:26-cv-01645
(HC) Laverde Torres v. Warden of the Golden State Annex Detention Facility
Active
Case Information
Filed: February 27, 2026
Assigned to:
Kirk E. Sherriff
Referred to:
Sheila K. Oberto
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Active
Last Activity:
May 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 27, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Golden State Annex Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Brayan David Laverde Torres. (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Feb 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Brayan David Laverde Torres. (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
In Forma Pauperis
#3
Feb 27, 2026
MOTION to APPOINT COUNSEL by Brayan David Laverde Torres. (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
Appoint Counsel
#4
Feb 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Brayan David Laverde Torres. (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
Temporary Restraining Order
#5
Feb 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due within 30 days. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#6
Feb 27, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS re 2 as to Brayan David Laverde Torres signed by Magistrate Judge Sheila K. Oberto on 2/27/2026. (Deputy Clerk AML) (Entered: 02/27/2026)
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#7
Feb 27, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 2/27/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 4 motion for temporary restraining order. The Court has previously addressed the legal issues raised by the 1 petition. See e.g., Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025); Clene C.D. v. Robbins, No. 1:25-CV-01463-KES-SKO (HC), 2026 WL 84302 (E.D. Cal. Jan. 12, 2026); W.V.S.M. v. Wofford, No. 1:25-CV-01489-KES-HBK (HC), 2025 WL 3236521 (E.D. Cal. Nov. 19, 2025); Bilal A. v. Wofford, No. 1:25-CV-01715-KES-HBK (HC), 2025 WL 3648366 (E.D. Cal. Dec. 16, 2025); Marina V.N. v. Robbins, No. 1:25-CV-01845-KES-SKO (HC), 2025 WL 3701960 (E.D. Cal. Dec. 21, 2025). The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 4 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before March 3, 2026, respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in Elmer Joel M. C. v. Wofford, Clene C.D. v. Robbins, W.V.S.M. v. Wofford, Bilal A. v. Wofford, and Marina V.N. v. Robbins and justify denying the petition, or indicate the matter is not substantively distinguishable. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (Voyles, J.) (Entered: 02/27/2026)
Feb 27, 2026
Minute Order
Feb 27, 2026
Service by Mail
Feb 27, 2026
SERVICE BY MAIL: 6 Order Authorizing IFP Status, 5 Prisoner New Case Documents served on Brayan David Laverde Torres. (Deputy Clerk AML)
#8
Feb 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. (Anonymous) (Entered: 02/28/2026)
Main Document:
CONSENT/DECLINE
Mar 02, 2026
Service by Mail
Mar 02, 2026
SERVICE BY MAIL: 7 Minute Order served on Brayan David Laverde Torres. (Deputy Clerk EF)
#9
Mar 03, 2026
MOTION to DISMISS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility. (Attachments: # 1 exhibits)(Zaidi, Imi) (Entered: 03/03/2026)
Main Document:
Dismiss
#10
Mar 04, 2026
CERTIFICATE / PROOF of SERVICE by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Golden State Annex Detention Facility re 9 MOTION to DISMISS. (Zaidi, Imi) (Entered: 03/04/2026)
Main Document:
Certificate / Proof of Service
#11
Mar 04, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 3/4/2026: The 4 motion for temporary restraining order is denied. The record shows that, in 2023, petitioner was detained by immigration authorities, charged as inadmissible pursuant to 8 U.S.C. § 1182(a)(6)(A)(i), and released on his own recognizance pursuant to 8 U.S.C. § 1226(a). Doc. 1 at 6-9. Petitioner was subsequently arrested and charged with knowingly leaving the scene of an accident that results in serious bodily injury to another person in violation of N.J.S.A. § 2C:12-1.1. Doc. 9-1, Exs. 2, 3. Petitioner was thereafter transferred by state authorities to Immigration and Customs Enforcement ("ICE") custody and charged as inadmissible pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I). Doc. 9-1, Exs. 1, 3. Petitioner's motion for temporary restraining order seeks his release. He relies on cases in which courts considered the re-detention of a noncitizen who was released from custody under 8 U.S.C. § 1226(a) and then subsequently re-detained pursuant to 8 U.S.C. § 1225(b)(2)(A). E.g., Elmer Joel M. C. v. Wofford, No. 1:25-CV-01622-KES-CDB (HC), 2025 WL 3501200 (E.D. Cal. Dec. 6, 2025). But petitioner's detention appears to be under 8 U.S.C. § 1226(c)(1)(E), which authorizes detention for "any alien" who "is inadmissible under" 8 U.S.C. §§ 1182(a)(6)(A)(i) or 1182(a)(7)(A)(i)(I) and "is charged with, is arrested for, [or] is convicted of,... any crime that results in death or serious bodily injury to another person." Petitioner fails to establish a likelihood of success on his procedural due process claim, which is the only claim he raises, as his motion does not address the correct statute governing his detention or identify any procedural violation with his redetention. This matter is referred to the assigned magistrate judge for further proceedings on the petition. (JV) (Entered: 03/04/2026)
Mar 04, 2026
Minute Order
#12
Mar 06, 2026
Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Mar 06, 2026
Service by Mail
Mar 06, 2026
SERVICE BY MAIL: 12 Order served on Brayan David Laverde Torres. (Deputy Clerk AML)
#13
Mar 11, 2026
ORDER Directing Clerk of Court to Update Docket to Reflect Mia Crager as Counsel for Petitioner and to Serve Order on Federal Defender signed by Magistrate Judge Sheila K. Oberto on 3/10/2026,. Attorney Mia Crager for Brayan David Laverde Torres added. (Deputy Clerk AML) (Entered: 03/11/2026)
#15
Apr 28, 2026
Notice of Voluntary Dismissal
Main Document:
Notice of Voluntary Dismissal
#17
May 05, 2026
Order Dismissing Case AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Main Document:
Order Dismissing Case AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
Parties
(HC) Laverde Torres
Party
Warden of the Golden State Annex Detention Facility
Party