Eastern District of California • 2:26-cv-01253

(HC) Rozo Morales v. Warden

Active

Case Information

Filed: April 01, 2026
Assigned to: Dale Alan Drozd
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 09, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 01, 2026
2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Johan Samuel Rozo Morales. (Deputy Clerk JAW) (Entered: 04/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Johan Samuel Rozo Morales. (Deputy Clerk JAW) (Entered: 04/01/2026)
Main Document: Temporary Restraining Order
#3
Apr 01, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/4/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/01/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#4
Apr 01, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/1/2026: 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 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 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, motion for temporary restraining order, and accompanying papers, along with this order, to the United States Attorney's 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 on Friday, 4/3/2026. In that opposition, respondents shall substantively address whether any provision of law or fact in this case would distinguish it from this court's decision in Chavarria v. Chestnut, No. 1:25-cv-01755-DAD-AC, 2025 WL 3533606 (E.D. Cal. Dec. 9, 2025), 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 its 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: 04/01/2026)
Apr 01, 2026
SERVICE BY MAIL: 4 Minute Order served on Johan Samuel Rozo Morales. (Deputy Clerk PAB)
Apr 01, 2026
RECEIPT number 200018090 for $5.00 for Filing Fee from Johan Samuel Rozo Morales. (Deputy Clerk VLC)
Apr 01, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Johan Samuel Rozo Morales. (Deputy Clerk JAW)
Apr 01, 2026
Minute Order
Apr 01, 2026
Service by Mail
#5
Apr 02, 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: 04/02/2026)
Main Document: CONSENT/DECLINE
#6
Apr 03, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hemesath, Audrey) Modified on 4/8/2026 (KS). (Entered: 04/03/2026)
Main Document: ANSWER
#7
Apr 03, 2026
CERTIFICATE of SERVICE re 6 Opposition to Petition for Writ of Habeas Corpus by All Respondents. (Hemesath, Audrey) Modified on 4/8/2026 (KS). (Entered: 04/03/2026)
Main Document: Certificate / Proof of Service
#8
Apr 03, 2026
MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/3/2026: A review of respondents' 6 opposition reveals that, because of the convictions he has incurred, petitioner might be subject to mandatory detention pursuant to 8 U.S.C. § 1226(c). In light of petitioner's pro se status, petitioner is directed to file a reply addressing respondents' arguments. (Deputy Clerk PAB) (Entered: 04/03/2026)
Apr 03, 2026
SERVICE BY MAIL: 8 Minute Order served on Johan Samuel Rozo Morales. (Deputy Clerk PAB)
Apr 03, 2026
Service by Mail
Apr 03, 2026
Minute Order
#9
Apr 08, 2026
REPLY to 6 Opposition to Petition for Writ of Habeas Corpus by Johan Samuel Rozo Morales. (Deputy Clerk VLC) Modified on 4/14/2026 (KS). (Entered: 04/09/2026)
Main Document: REPLY
#10
Apr 09, 2026
REPLY to 6 Answer/Opposition by Johan Samuel Rozo Morales. (Deputy Clerk AMW) (Entered: 04/10/2026)
Main Document: REPLY
#11
Apr 22, 2026
MINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 4/22/2026: Upon further review, the court directs respondents to file supplemental briefing, along with supporting documentation, regarding whether the conviction that the government contends mandates petitioner's detention satisfies 8 U.S.C. § 1101(48)(A), by Friday 4/24/2026 at 5 PM. (Deputy Clerk MCF) (Entered: 04/22/2026)
#12
Apr 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Respondents. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) Modified on 4/23/2026 (HAH). (Entered: 04/22/2026)
Main Document: DESIGNATION
Apr 22, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 22, 2026
SERVICE BY MAIL: 11 Minute Order served on Johan Samuel Rozo Morales. (Deputy Clerk MCF)
Apr 22, 2026
Service by Mail
#13
Apr 23, 2026
SUPPLEMENTAL BRIEFING by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden. (Attachments: # 1 Exhibit Criminal Records, # 2 Proof of Service)(Williams, Jonathan) Modified on 4/28/2026 (HAH). (Entered: 04/23/2026)
Main Document: SUPPLEMENTAL
#14
Apr 28, 2026
ORDER signed by District Judge Dale A. Drozd on 4/27/2026 DENYING 2 Motion for TRO; REFERRING the 1 Petition for Writ of Habeas Corpus to the assigned magistrate judge. (Deputy Clerk KEZ) (Entered: 04/28/2026)
Main Document: Order on Motion for TRO
Apr 28, 2026
Service by Mail
Apr 28, 2026
SERVICE BY MAIL: 14 Order served on Johan Samuel Rozo Morales. (Deputy Clerk KEZ)
#15
May 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/4/2026 DIRECTING Respondent to file an answer within 14 days. Petitioner may file a reply within 7 days after being served a copy of the answer. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 05/04/2026)
Main Document: Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 04, 2026
SERVICE BY MAIL: 15 Minute Order served on Johan Samuel Rozo Morales. (Deputy Clerk SH)
May 04, 2026
Service by Mail
#16
May 11, 2026
NOTICE of No Further Briefing by Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Warden re 15 Minute Order. (Attachments: # 1 Proof of Service)(Williams, Jonathan) (Entered: 05/11/2026)
Main Document: Notice (Other)
#17
May 20, 2026
RESPONSE by Johan Samuel Rozo Morales to 16 Notice of no further briefing and Motion to Strike. (Deputy Clerk LMS) (Entered: 05/21/2026)
Main Document: RESPONSE
#18
Jun 18, 2026
SUPPLEMENTAL BRIEF filed by Johan Samuel Rozo Morales. (Deputy Clerk RRB) (Entered: 06/23/2026)
Main Document: SUPPLEMENTAL
#19
Jun 24, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 6/23/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be denied and the Clerk of the Court enter judgment in favor of Respondents and close this case. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these Findings and Recommendations. (Deputy Clerk JAW) (Entered: 06/24/2026)
Main Document: Findings and Recommendations
Jun 24, 2026
SERVICE BY MAIL: 19 Findings and Recommendations served on Johan Samuel Rozo Morales. (Deputy Clerk JAW)
Jun 24, 2026
Service by Mail
#20
Jul 01, 2026
OBJECTIONS to 19 Findings and Recommendations by Petitioner Johan Samuel Rozo Morales. (Deputy Clerk JAW) (Entered: 07/02/2026)
Main Document: Objections to Findings and Recommendations
#21
Sep 03, 2026
MOTION to EXPEDITE REVIEW of 19 Findings and Recommendations by Johan Samuel Rozo Morales. (Deputy Clerk KML) Modified on 9/9/2026 (HAH). (Entered: 09/07/2026)
Main Document: Miscellaneous Relief
#22
Sep 08, 2026
MOTION to EXPEDITE REVIEW of 1 Petition for Writ of Habeas Corpus by Johan Samuel Rozo Morales. (Deputy Clerk JAW) (Entered: 09/09/2026)
Main Document: Miscellaneous Relief

Parties

(HC) Rozo Morales
Party
Warden
Party