Eastern District of California • 1:26-cv-02393
(HC) Liberato v. Warden
Active
Case Information
Filed: March 27, 2026
Assigned to:
Dena M. Coggins
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
May 06, 2026
Parties:
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Docket Entries
#1
Mar 27, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Harvey Elias Liberato. (Deputy Clerk AMW) (Entered: 04/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Harvey Elias Liberato. (Deputy Clerk AMW) (Entered: 04/01/2026)
Main Document:
In Forma Pauperis
#3
Mar 27, 2026
MOTION to APPOINT COUNSEL by Harvey Elias Liberato. (Deputy Clerk AMW) (Entered: 04/01/2026)
Main Document:
Appoint Counsel
#4
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 AMW) (Entered: 04/01/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
Apr 01, 2026
Service by Mail
Apr 01, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Harvey Elias Liberato. (Deputy Clerk AMW)
#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
OPPOSITION by Respondent Warden. (Attachments: # 1 Exhibit I-213, # 2 Exhibit NTA, # 3 Exhibit conviction documents)(Hemesath, Audrey) (Entered: 04/03/2026)
Main Document:
OPPOSITION
#7
Apr 03, 2026
CERTIFICATE / PROOF of SERVICE by Warden. (Hemesath, Audrey) (Entered: 04/03/2026)
Main Document:
Certificate / Proof of Service
#8
Apr 03, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 4/3/2026: Petitioner, Harvey Elias Liberato (A# 057-058-73, a self-represented immigration detainne, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and an application to proceed in forma pauperis. ECF Nos. 1, 2 . Petitioner's motion to proceed in forma pauperis (ECF No. 2 ) is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. Because petitioner, may be entitled to the requested relief if the claimed violations are proved, respondents will be served with the § 2241 petition and directed to show cause why the writ should not be granted by filing an answer/return. See 28 U.S.C. § 2243. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. Respondents are directed to file an answer/return within 14 days from the date of this order. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action").(Text Only Entry) (Deputy Clerk MCF) (Entered: 04/03/2026)
#10
Apr 03, 2026
RESPONSE by Warden to 8 Minute Order,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,, Order on Motion to Proceed in forma pauperis,,,,,,,. (Hemesath, Audrey) (Entered: 04/03/2026)
Main Document:
RESPONSE
#11
Apr 03, 2026
Certificate / Proof of Service
Main Document:
Certificate / Proof of Service
Apr 03, 2026
SERVICE BY MAIL: 8 Minute Order served on Harvey Elias Liberato. (Deputy Clerk MCF)
Apr 03, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 03, 2026
Service by Mail
#12
Apr 07, 2026
MINUTE ORDER signed by Magistrate Judge Allison Claire on 04/07/2026.In light of the complexity of the legal issues involved and in the interest of justice, the court grants petitioner's motion for appointment of counsel (ECF No. 3 ). The Federal Defender is directed to identify counsel to represent petitioner. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jonathan Anderson at janderson@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Within 7 days of adding counsel for petitioner, petitioner's counsel shall file an amended petition. The prior briefing schedule 8 is VACATED. Respondents shall file an answer/return within 14 days from the date petitioner files an amended petition. If respondents dispute any factual representations in the operative petition, they shall include with the answer/return any and all documents necessary to support their view of the facts. Petitioner's reply/traverse, if any, is due within 7 days of being served a copy of the respondents' answer/return. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/07/2026)
Apr 07, 2026
SERVICE BY MAIL: 12 Minute Order served on Harvey Elias Liberato. (Deputy Clerk JAA)
Apr 07, 2026
Minute Order AND Order on Motion to Appoint Counsel
Apr 07, 2026
Service by Mail
Apr 15, 2026
Minute Order
Apr 23, 2026
Minute Order
May 06, 2026
Minute Order
Parties
(HC) Liberato
Party
Warden
Party