Eastern District of California • 1:26-cv-02369

#1

Mar 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Afiyo Adayisso. (Deputy Clerk VLC) (Entered: 03/30/2026)

#2

Mar 27, 2026

MOTION to APPOINT COUNSEL by Afiyo Adayisso. (Deputy Clerk VLC) (Entered: 03/30/2026)

Mar 27, 2026

RECEIPT number 10007688 for $5.00 for Filing Fee from Afiyo Adayisso. (Deputy Clerk VLC)

#3

Mar 30, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 03/30/2026)

Mar 30, 2026

Service by Mail

Mar 30, 2026

SERVICE BY MAIL: 3 Prisoner New Case Documents served on Afiyo Adayisso. (Deputy Clerk VLC)

#4

Mar 31, 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: 03/31/2026)

#5

Apr 01, 2026

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/31/2026 DIRECTING the Clerk of the Court to send petitioner a copy of the in forma pauperis form used by this district. Petitioner shall submit a completed affidavit in support of a request to proceed in forma pauperis within 30 days. Within 14 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 the Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, who shall update docket to reflect counsel's appointment. (cc: Federal Defender Habeas Appointment) (Deputy Clerk HAH) (Entered: 04/01/2026)

Apr 01, 2026

SERVICE BY MAIL: 5 Order and IFP Application served on Afiyo Adayisso. Copy of 1 Petition and 5 Order served on the Federal Defender Habeas Appointment via email. (Deputy Clerk HAH)

Apr 01, 2026

Service by Mail

#6

Apr 10, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/10/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 5 . Attorney Benjamin McMurry is hereby appointed as counsel for Petitioner <nunc pro tunc to 4/9/2026. The Clerk of Court shall update the docket to reflect Assistant Federal Defender Benjamin McMurray, 46 W. Broadway, Suite 110, Salt Lake City, UT 84101, 801-524-5339, Benji_McMurray@fd.org, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 04/10/2026)

Apr 10, 2026

Minute Order AND Order on Motion to Appoint Counsel AND ~Util - Add and Terminate Attorneys

#7

Apr 13, 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 JAW) (Entered: 04/15/2026)

#8

Apr 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Afiyo Adayisso. (Deputy Clerk JAW) (Entered: 04/15/2026)

#9

Apr 21, 2026

NOTICE of APPEARANCE by Nathan Phelps, GOVT on behalf of Afiyo Adayisso. Attorney Phelps, Nathan added. (Phelps, Nathan) (Entered: 04/21/2026)

#10

Apr 29, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/29/2026: Good cause appearing, Petitioner Afiyo Adayisso's (A-221-042-554) 8 Motion to Proceed In Forma Pauperis is GRANTED. Appointed counsel has appeared. Petitioner, through counsel, is GRANTED 7 (seven) days within which to file any of the following: an Amended Petition for Writ of Habeas Corpus, a Motion for Preliminary Injunctive Relief and/or Temporary Restraining Order, a notice of intent to proceed on the pending 1 Petition, or a request for a different schedule. (Text Only Entry) (Deputy Clerk LMK) (Entered: 04/29/2026)

Apr 29, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

#11

May 06, 2026

RESPONSE to 10 Minute Order and REQUEST for EXTENSION of TIME by Afiyo Adayisso. (Phelps, Nathan) Modified on 5/12/2026 (KS). (Entered: 05/06/2026)

#12

May 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/18/2026: Good cause appearing in Petitioner's (A-221-042-554) 11 Response to Minute Order (ECF No. 10), the deadline for Petitioner to file an Amended Petition and/or seek preliminary injunctive relief is EXTENDED to 30 (thirty) days from the date of this order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/18/2026)

May 18, 2026

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

#13

Jun 18, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Afiyo Adayisso.(Phelps, Nathan) (Entered: 06/18/2026)

#14

Jun 22, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/22/2026: Good cause appearing, pursuant to 28 U.S.C. § 2243, within 14 (fourteen) days of the date of this order, Respondent shall file an Answer to the 13 First Amended Petition showing cause why the writ should not be granted and shall provide all transcripts or other documents relevant to the determination of the issues presented. Petitioner (A-221-042-554) may file a reply within 7 (seven) days of Respondent's Answer. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/22/2026)

Jun 22, 2026

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

#15

Jul 06, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rodriguez, Camilo) (Entered: 07/06/2026)

#16

Jul 13, 2026

REPLY in support of 13 First Amended Petition by Afiyo Adayisso. (Phelps, Nathan) Modified on 7/17/2026 (HAH). (Entered: 07/13/2026)

#17

Jul 15, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/14/26 RECOMMENDING that the Petition for Writ of Habeas Corpus be granted and respondents be ordered to provide petitioner a bond hearing before an Immigration Judge, within 7 days of adoption of these findings and recommendations, at which the government bears the burden of showing by clear and convincing evidence that petitioner is either a flight risk or danger to the community to justify her continued detention and the Clerk of be directed to enter judgment for petitioner and close this case. Referred to Judge Dena Coggins. Objections to F&R due within 7 days. (Deputy Clerk KML) (Entered: 07/15/2026)

#18

Jul 21, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Zachary John Ray, GOVT for Warden, attorney Camilo Rodriguez, GOVT terminated (Ray, Zachary) (Entered: 07/21/2026)

#19

Jul 22, 2026

OBJECTIONS to 17 FINDINGS and RECOMMENDATIONS by Respondent Warden. (Ray, Zachary) (Entered: 07/22/2026)

#20

Jul 29, 2026

RESPONSE by Afiyo Adayisso to 19 Objections to Findings and Recommendations. (Phelps, Nathan) Modified on 7/30/2026 (KLY). (Entered: 07/29/2026)

#21

Aug 05, 2026

ORDER signed by District Judge Dena M. Coggins on 8/5/26 ADOPTING 17 Findings and Recommendations; GRANTING Petitioner Afiyo Adayisso's (A-221-042-554) 13 First Amended Petition; Respondents are ORDERED to provide Petitioner a bond hearing before an Immigration Judge, within 7 days of the date of entry of this order, at which the government bears the burden of showing by clear and convincing evidence that Petitioner is either a flight risk or danger to the community to justify her continued detention; and the Clerk of the Court is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (cc California City) (Deputy Clerk JAW) (Entered: 08/05/2026)

#22

Aug 05, 2026

JUDGMENT dated *8/5/26* pursuant to order signed by District Judge Dena M. Coggins on 8/5/26 in favor of Petitioner against Respondent. (Deputy Clerk JAW) (Entered: 08/05/2026)

#23

Sep 18, 2026

NOTICE of APPEARANCE by Robert T. Stewart on behalf of Afiyo Adayisso. Attorney Stewart, Robert T. added. (Stewart, Robert) (Entered: 09/18/2026)

#24

Sep 18, 2026

MOTION to ENFORCE JUDGMENT by Afiyo Adayisso. Motion Hearing set for 11/6/2026 at 01:30 PM in Courtroom 10 (EPG) before District Judge Dena M. Coggins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Stewart, Robert) Modified on 9/24/2026 (KS). (Entered: 09/18/2026)

#25

Sep 18, 2026

DIGITAL AUDIO RECORDING of Bond Hearing Audio Recording filed by Afiyo Adayisso re 24 . Date & Time 08/12/2026, Duration Time unavailable. File size [17.0 MB]. (Stewart, Robert) (Entered: 09/18/2026)

#26

Sep 18, 2026

STIPULATION and PROPOSED ORDER for Expedited Hearing on 24 Motion to Enforce Judgment by Parties. (Stewart, Robert) Modified on 9/24/2026 (KS). (Entered: 09/18/2026)

#27

Sep 18, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: Pursuant to the parties' 26 Stipulation, Respondents shall file a response to the pending 24 Motion by no later than 9/25/2026, and Petitioner's Reply shall be filed by 9/30/2026. In addition, the Motion Hearing currently set for 11/6/2026 before District Judge Dena M. Coggins is VACATED, to be reset by the court if needed. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/18/2026)

Sep 18, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Set Motion and F&R Deadlines/Hearings

#28

Sep 25, 2026

RESPONSE to 24 Motion to Enforce Judgment by Warden. (Ray, Zachary) Modified on 10/1/2026 (KS). (Entered: 09/25/2026)

#29

Sep 30, 2026

REPLY in Support of 24 Motion to Enforce Judgment by Afiyo Adayisso. (Stewart, Robert) Modified on 10/8/2026 (KS). (Entered: 09/30/2026)

#30

Oct 06, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/6/2026: In Petitioner's 24 Motion to Enforce Judgment, Petitioner contends that Respondents violated this court's 21 Order by continuing to detain Petitioner despite an Immigration Judge finding that Respondents did not meet their burden of showing that Petitioner is neither a flight risk nor a risk to community safety. Specifically, at Petitioner's bond hearing the Immigration Judge determined that Petitioner "would not be a danger to the community" and that Petitioner "is [not] such a flight risk that no amount of bond is appropriate." (Doc. No. 25 at 16:15.) The Immigration Judge then set bond at $25,000, basing this amount on Petitioner's sponsor's income. The Immigration Judge did not otherwise consider Petitioner's income in determining this bond amount. As Petitioner emphasizes, Petitioner's sponsor committed to providing housing, transportation, support, and to driving Petitioner to immigration hearings, but not to paying Petitioner's bond amount. Thus, Petitioner contends that her release was constructively denied in violation of the court's order as "setting bond in an amount a person cannot pay would essentially be a denial of bond," and where that denial is not supported by evidence setting bond in that mount "contravenes the mandates and the logic" of constitutional protections governing bond hearings. (Doc. No. 24 at 18) (quoting Abdi v. Nielsen, 287 F. Supp. 3d 27, 340-41 (W.D.N.Y. 2018). In Respondents' 28 Opposition, they contend that the Immigration Judge "considered Petitioner's ability to pay the bond, specifically noting the income of her sponsor whose assurance she offered to guarantee her future appearance in future proceedings." Respondents do not cite any authority confirming that an Immigration Judge may consider a noncitizen's sponsor's income rather than the noncitizen's own income in calculating bond. Indeed, the Ninth Circuit has found that noncitizen petitioners were "likely to succeed on their challenge under the Due Process Clause to the government's policy of allowing ICE and IJs to set immigration bond amounts without considering the detainees' financial circumstances or alternative conditions of release." Hernandez v. Sessions, 872 F.3d 976, 1000 (2017). Accordingly, the court finds that the Immigration Judge violated this court's 21 Order by determining that Petitioner did not constitute a flight or safety risk but then setting her bond at an amount that prevents her release without considering her individual financial circumstances. Finally, while Petitioner argues that the proper remedy for the Immigration Judge's failure is her immediate release, the Ninth Circuit in Hernandez emphasized that the district court's preliminary injunction was proper where it did "not require the government to release any detainees; it merely directs it to conduct a relatively small number of new hearings in which it must consider constitutionally required factors while setting the bond amounts." Hernandez, 872 F.3d at 999-1000. Other courts in the Ninth Circuit have similarly found that this is the proper remedy for an Immigration Judge's failure to consider a noncitizen's financial ability to pay bond. See Ugalde v. Blanche, No. 2:26-cv-01243-APG-EJY, 2026 WL 2457030 (D. Nev. Aug. 21, 2026). Accordingly, Petitioner's 24 Motion to Enforce Judgment is GRANTED as follows: (1) Within seven (7) days, the immigration court must amend its bond determination and, if necessary, hold a new bond hearing, to explain the reasons for the $25,000 bond, or in the alternative, issue a new bond amount after considering Petitioner's individual financial circumstances. The Clerk of the Court is DIRECTED to serve a copy of this Order on the California City Detention Facility. This case shall remain closed. (Text Only Entry) (cc: ICE-California City) (Deputy Clerk CRS) (Entered: 10/06/2026)

Oct 06, 2026

Minute Order AND Order on Motion to Enforce Judgment AND ~Util - 1 Terminate Deadlines and Hearings

#31

Oct 13, 2026

MOTION to ENFORCE JUDGMENT (Second) by Afiyo Adayisso. Motion Hearing set for 11/20/2026 at 01:30 PM in Courtroom 10 (DC) before District Judge Dena M. Coggins. (Stewart, Robert) (Entered: 10/13/2026)

#32

Oct 13, 2026

MEMORANDUM by Afiyo Adayisso in SUPPORT of 31 Motion to Enforce Judgment. (Stewart, Robert) (Entered: 10/13/2026)

#33

Oct 13, 2026

STIPULATION and PROPOSED ORDER for Expedited Hearing re 31 Motion to Enforce Judgment by Afiyo Adayisso. (Stewart, Robert) (Entered: 10/13/2026)

#34

Oct 13, 2026

EXHIBIT A by Afiyo Adayisso re 32 Memorandum in Support of Motion. (Stewart, Robert) (Entered: 10/13/2026)

#35

Oct 14, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 10/14/2026: Pursuant to the parties' 33 Stipulation, Respondents shall file a response to the pending 31 Motion to Enforce Judgment by no later than 10/20/2026, and Petitioner shall file a Reply by no later than 10/23/2026. The Motion Hearing set for 11/20/2026 before District Judge Dena M. Coggins is VACATED. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 10/14/2026)

Oct 14, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Set Motion and F&R Deadlines/Hearings