Eastern District of California • 1:26-cv-02394

(HC) Liu v. Warden, California City Correctional Center

Completed

Case Information

Filed: March 27, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 15, 2026
Last Activity: May 15, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Zengwang Liu. (Deputy Clerk AJB) (Entered: 03/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Zengwang Liu. (Deputy Clerk AJB) (Entered: 03/30/2026)
Main Document: Temporary Restraining Order
#3
Mar 27, 2026
MOTION to APPOINT COUNSEL by Zengwang Liu. (Deputy Clerk AJB) (Entered: 03/30/2026)
Main Document: Appoint Counsel
#4
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 AJB) (Entered: 03/30/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Mar 30, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 3/30/2026: Pending the issuance of the court's order resolving the pending 2 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the courts express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 2 motion for temporary restraining order. In light of petitioner's pro se status, the Clerk of the Court is DIRECTED to serve respondents with a copy of the petition and motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorneys Office for the Eastern District of California by email at usacae.ecf2241-imm@usdoj.gov. Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 2 motion for temporary restraining order by 5:00 PM Tuesday, 3/31/2026. In that opposition, respondents shall specify whether petitioner has been previously detained by immigration authorities and substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026) or Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. Furthermore, respondents are DIRECTED to indicate in their opposition whether they oppose converting the motion for temporary restraining order into a motion for preliminary injunction and whether they oppose the court resolving the merits of the underlying habeas petition. If the parties were to jointly agree upon a less demanding briefing schedule, the court will consider the parties' proposal. (Deputy Clerk PAB) (Entered: 03/30/2026)
Mar 30, 2026
Minute Order
Mar 30, 2026
SERVICE BY MAIL: 5 Minute Order served on Zengwang Liu. (Deputy Clerk PAB)
Mar 30, 2026
Service by Mail
Mar 30, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Zengwang Liu. (Deputy Clerk AJB)
#6
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)
Main Document: CONSENT/DECLINE
#7
Mar 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, California City Correctional Center (Hemesath, Audrey) (Entered: 03/31/2026)
Main Document: DESIGNATION
#8
Mar 31, 2026
OPPOSITION by Respondent Warden, California City Correctional Center. (Hemesath, Audrey) (Entered: 03/31/2026)
Main Document: OPPOSITION
#10
Apr 06, 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: 04/08/2026)
Main Document: CONSENT/DECLINE
#9
Apr 07, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/7/2026: On 3/27/2026, petitioner filed a motion for temporary restraining order wherein petitioner states that he is a current immigration detainee, details the conditions of his confinement, and explains that he signed immigration paperwork that officials told him would result in his removal within one to three weeks because of his concerns about his health, and yet he remains detained. (Doc. No. 2 .) On 3/31/2026, respondents filed an opposition to the motion for temporary restraining order. (Doc. No. 8 .) Therein, respondents state that they are working to facilitate petitioner's removal to China pursuant to a 1995 order of removal. (Id. at 1.) Respondents then argue that the conditions of confinement and challenges to aspects of the removal order are not cognizable on habeas review. (Id.</i. at 1-2.) Because the court does not have enough information to determine whether the granting of preliminary relief is called for here, the motion for temporary restraining order (Doc. No. 2 ) is DENIED without prejudice to its renewal. However, because the interests of justice so require, petitioner's motion to appoint counsel (Doc. No. 3 ) is GRANTED as follows: (1) The matter is hereby REFERRED to the Federal Public Defender's Office of this district to determine if petitioner is financially eligible for appointment of counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B), and if so to identify counsel for petitioner; (2) The Clerk of the Court shall serve a copy of this order and the petition for writ of habeas corpus on the Federal Defender, Attention: Habeas Appointment; and (3) Within seven (7) days of the date of service of this order, a notice shall be filed with the Court by the Federal Public Defender's Office regarding whether petitioner is financially eligible for appointment of counsel and, if so, identifying counsel to be appointed at petitioner's behalf. The petition for habeas corpus (Doc. No. 1 ) is REFERRED to Magistrate Judge Jeremy D. Peterson for further proceedings. (cc: Federal Defender Habeas Appointment) (Deputy Clerk PAB) (Entered: 04/07/2026)
Apr 07, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel
Apr 07, 2026
Service by Mail
Apr 07, 2026
SERVICE BY MAIL: 9 Minute Order served on Zengwang Liu. (Deputy Clerk PAB)
#11
Apr 08, 2026
MINUTE ORDER (Text Only Entry) signed by District Judge Dale A. Drozd on 4/8/2026: On 4/7/2026, the court granted petitioner's motion to appoint counsel and ordered that within seven (7) days of the date of service of this order, a notice shall be filed with the Court by the Federal Public Defender's Office regarding whether petitioner is financially eligible for appointment of counsel and, if so, identifying counsel to be appointed at petitioner's behalf. (Doc. No. 9.) The court hereby extends this deadline to within thirty (30) days of the date of service of the court's prior minute order (Doc. No. 9). (Deputy Clerk PAB) (Entered: 04/08/2026)
Apr 08, 2026
Service by Mail
Apr 08, 2026
SERVICE BY MAIL: 11 Minute Order served on Zengwang Liu. (Deputy Clerk PAB)
Apr 08, 2026
Minute Order
#12
Apr 13, 2026
REPLY by Zengwang Liu in Support of 1 Petition for Writ of Habeas Corpus. (Deputy Clerk KEZ) (Entered: 04/15/2026)
Main Document: REPLY
#13
Apr 22, 2026
Notice (Other)
Main Document: Notice (Other)
#14
Apr 27, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/27/2026: The Court has been notified of counsel's contact information, pursuant to 11 Minute Order, Attorney Jan David Karowsky is hereby appointed as counsel for Zengwang Liu. The Clerk of Court shall update the docket to reflect Attorney Jan Karowsky, 2701 Del Paso Road, Ste. 130-276, Sacramento, CA 95835, karowskylaw@sbcglobal.net, as counsel for petitioner in this matter. (cc: Federal Defender Habeas Appointment) (Deputy Clerk PAB) (Entered: 04/27/2026)
#15
Apr 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
Apr 27, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#16
Apr 28, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Zengwang Liu. (Attachments: # 1 Exhibit Exhibits in Support of Renewed Motion for TRO, # 2 Exhibit Proposed Order for TRO, # 3 Exhibit TRO Worksheet)(Karowsky, Jan) (Entered: 04/28/2026)
Main Document: Temporary Restraining Order
#17
Apr 28, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/28/2026: Pending the issuance of the court's order resolving the pending 16 motion for temporary restraining order, and unless and until the court orders otherwise, the court ORDERS that respondents shall not take any action to remove petitioner from the United States or to move petitioner out of the Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (acknowledging the court's express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction). Given the exigent circumstances present, the court finds that this order is warranted to maintain the status quo pending its forthcoming order resolving petitioner's pending 16 motion for temporary restraining order. Further, the court has conducted a preliminary review of the pending motion and petition for writ of habeas corpus and observes that this case may involve core issues that the undersigned has previously addressed in this context. Accordingly, the parties are advised that if the court concludes that petitioner is entitled to the relief that is requested in the pending motion, then the court will also rule on the merits of the underlying petition. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966 (S.D.N.Y. May 26, 2020) (considering the merits of the habeas petition and motion for preliminary injunction simultaneously). Counsel for respondents shall promptly enter Notices of Appearance. Respondents shall file a written opposition to the pending 16 motion for temporary restraining order by 5:00 PM on Wednesday, 4/29/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decisions in Ayala Cajina v. Wofford, No. 1:25-cv-01566-DAD-AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025); Perez v. Albarran, No. 1:25-cv-01540-DAD-CSK (HC), 2025 WL 3187578 (E.D. Cal. Nov. 14, 2025); Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC (E.D. Cal. Dec. 9, 2025); Yang v. Warden, California City Correctional Center, et al., No. 2:26-cv-00832-DAD-DMC, 2026 WL 765027 (E.D. Cal. Mar. 18, 2026); Quichimbo-Jimenez v. Warden, California City Correctional Center, 2:26-cv-00739-DAD-EFB (HC), 2026 WL 679378 (E.D. Cal. Mar. 10, 2026); Cardenas v. Chestnut, et al., No. 1:26-cv-02073-DAD-SCR (HC), 2026 WL 785871 (E.D. Cal. Mar. 20, 2026); J.P.C. v. Chestnut, et al., 1:26-cv-02108-DAD-JDP, 2026 WL 788129 (E.D. Cal. Mar. 20, 2026), and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. If respondents oppose this court ruling on the underlying petition, then respondents are DIRECTED to indicate so and provide substantive reasons in support thereof in their opposition. (cc: California City) (Deputy Clerk MCF) (Entered: 04/28/2026)
Apr 28, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#18
Apr 29, 2026
OPPOSITION by Respondent Warden, California City Correctional Center. (Hemesath, Audrey) (Entered: 04/29/2026)
Main Document: OPPOSITION
#19
Apr 29, 2026
REQUEST for to Lift Order Prohibiting Removal by Warden, California City Correctional Center re 5 Minute Order,,,,,,,,,. (Hemesath, Audrey) (Entered: 04/29/2026)
Main Document: Request
#20
Apr 30, 2026
RESPONSE to 19 Request to Lift No-Transfer Order and REPLY in Support of 16 Renewed Motion for Temporary Restraining Order by Zengwang Liu. (Karowsky, Jan) Modified on 5/7/2026 (KS). (Entered: 04/30/2026)
Main Document: RESPONSE
#21
May 15, 2026
Order AND Order on Motion for TRO AND Order on Request AND ~Util - Terminate Civil Case
Main Document: Order AND Order on Motion for TRO AND Order on Request AND ~Util - Terminate Civil Case
#22
May 15, 2026
Judgment
Main Document: Judgment