Eastern District of California • 1:26-cv-02092

#1

Mar 16, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden by Irbis Monrroy. (Deputy Clerk JAW) (Entered: 03/17/2026)

#2

Mar 17, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/20/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 03/17/2026)

#3

Mar 17, 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: 03/17/2026)

Mar 17, 2026

SERVICE BY MAIL: 2 Prisoner New Case Documents served on Irbis Monrroy. (Deputy Clerk JAW)

Mar 17, 2026

Service by Mail

#4

Mar 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 18, 2026: 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). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/18/2026)

Mar 18, 2026

Service by Mail

Mar 18, 2026

SERVICE BY MAIL: 4 Minute Order served on Irbis Monrroy. (Deputy Clerk MDK)

Mar 18, 2026

Minute Order

#6

Mar 19, 2026

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/19/2026 DIRECTING Petitioner to file an application to proceed in forma pauperis or pay the appropriate $5 filing fee within 30 days from the date of this Order, DIRECTING the Clerk of the Court to serve a copy of this Order and a copy of the Petition on the Federal Defender and the United States Attorney, and DIRECTING the Clerk of the Court to send Petitioner the application to proceed in forma pauperis for a non-prisoner. The appoi nting authority for the Eastern District of California shall identify counsel and send counsel's contact information to the CRD for Magistrate Judge Brennan within 7 days of the date of this Order. Respondent is to file an answer/return within 1 4 days from the date of this Order. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of respondent's answer/return. In order to ensure this court's jurisdiction to resolve the pending petition, Respondent shall not transfer petitioner to another detention center outside of this judicial district, pending further order of the Court. (Deputy Clerk OML)

Mar 19, 2026

Service by Mail

Mar 25, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

Mar 26, 2026

Notice of Appearance

#9

Mar 27, 2026

Appoint Counsel

#11

Mar 30, 2026

In Forma Pauperis

#14

Apr 14, 2026

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/14/2026 GRANTING petitioner's 13 motion to file an amended petition and the First Amended Petition, lodged with the Court, is deemed filed as this date of this order. Respondents response to the First Amended Petition shall be filed within 7 days of the date of this order. (Deputy Clerk KLY)

#15

Apr 21, 2026

Answer to Petition for Writ of Habeas Corpus

#16

Apr 22, 2026

Reply to Response to Motion

#18

Jul 30, 2026

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/30/2026 RECOMMENDING that Petitioner's amended petition for writ of habeas corpus 13 -1) be GRANTED as follows: Respondent be ORDERED to provide Petitione r Irbis Monrroy (A-215-557-446), within seven (7) days, a bond hearing before an Immigration Judge at which Petitioner shall bear the burden of showing that he is not a flight risk or a risk to community safety; and If Respondent fails to provide Petitioner a bond hearing within seven (7) days, Petitioner shall be immediately released from Respondent's custody; ) Petitioner's request for attorney fees and costs be denied without prejudice to bringing a properly noticed and supp orted motion; The Clerk of Court be directed to serve the District Court's order on the Golden State Annex; and Judgment be entered in favor of petitioner and the Clerk be directed to close the case. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley; Objections to these F&Rs due within seven days. (Deputy Clerk LMS)

#19

Aug 14, 2026

Objections to Findings and Recommendations

#21

Sep 09, 2026

ORDER signed by Chief District Judge Troy L. Nunley on 9/8/2026 ADOPTING IN FULL the 18 findings and recommendations filed 7/30/2026, and GRANTING Petitioner's ( 13 -1) amended petition for writ of habeas corpus. Respondents are ENJOI NED from continuing to detain Petitioner Irbis M. (A# 215-557-446), while subject to 8 U.S.C. § 1226, for more than 7 days from the date of this Order (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutr al factfinder at which the government bears the burden to establish by clear and convincing evidence that Petitioner's detention is justified due to danger to the public or flight risk. The factfinder must consider Petitioner's financial c ircumstances for bond and alternative conditions of release. At any such hearing, Petitioner shall be allowed to have counsel present. If the government fails to meet its burden, Respondents must immediately release Petitioner. Respondents may imp ose any restrictions or conditions determined to be necessary by the factfinder at the hearing. Within 2 court days from the date of the bond hearing, Respondents must file a notice of compliance with this provision of the Court's Order confirm ing that the hearing occurred, the date of the hearing, the outcome of the hearing, and Petitioner's custody status. If Petitioner is released, Respondents are further ENJOINED from re-detaining Petitioner, while subject to 8 U.S.C. § 122 6, absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where the government must establish by clear and convincing evidence that its 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, Petitioner shall be allowed to have counsel present. The parties are advised that any further challenges related to Petitioner's current detention should be filed in this case, using the aforementioned case number (Case No. 1:26-cv-02092-TLN-EFB). Petitioner's request for attorney fees and costs is denied without prejudice to bringing a properly noticed and supported motion. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. CASE CLOSED. (Deputy Clerk KLY)

#22

Sep 09, 2026

Judgment

#23

Sep 16, 2026

Notice of Compliance

#24

Sep 28, 2026

Enforce Judgment

Oct 15, 2026

Minute Order

Oct 16, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#28

Oct 21, 2026

Opposition to Motion

Oct 22, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings