Eastern District of California • 1:26-cv-02490

(HC) Dely v. Warden, California City Corrections Center

Active

Case Information

Filed: April 01, 2026
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: April 06, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 01, 2026
PETITION for WRIT of HABEAS CORPUS against Director of San Francisco Field Office, U.S. Immigration and Customs Enforcement, Warden of California City Corrections Center by Stevenson Dely. (Filing fee $ 5, receipt number ACAEDC-13122173) (Attachments: # 1 Civil Cover Sheet)(Juarez, Nancy) (Entered: 04/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 01, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Stevenson Dely. (Attachments: # 1 Proposed Order)(Juarez, Nancy) (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 MCF) (Entered: 04/01/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Apr 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 1, 2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents shall file any opposition to the petition by April 6, 2026. Any opposition shall indicate whether Respondents request a hearing on the petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). In the meantime, 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, 608 (1966) (noting the court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). Petitioner shall serve this Order and all documents filed in this case on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/01/2026)
Apr 01, 2026
Minute Order
#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
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#7
Apr 06, 2026
ANSWER/RETURN to 1 Petition for Writ of Habeas Corpus; OPPOSITION to 2 Motion for Temporary Restraining Order and Injunctive Relief; OPPOSITION to All Relief by Respondents. (Andrews, Anthony) Modified on 4/7/2026 (KLY). (Entered: 04/06/2026)
Main Document: ANSWER/RETURN
#8
Apr 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 6, 2026: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 ). Respondents filed a response. (ECF No. 7 .) As set forth in the Court's upcoming Order, the Petition is GRANTED. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner from custody under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. A written order will follow. The Clerk of the Court is also directed to serve California City Correctional Center with this order. SO ORDERED. (TEXT ONLY ENTRY) (cc: CA City) (Deputy Clerk MDK) Modified on 4/7/2026 (MDK). (Entered: 04/06/2026)
Apr 06, 2026
Minute Order AND Order on Motion for TRO