Southern District of California • 3:26-cv-02348
Osoria Herrera v. Mullins
Completed
Case Information
Filed: April 13, 2026
Assigned to:
Jinsook Ohta
Referred to:
Valerie E. Torres
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: May 29, 2026
Last Activity:
June 01, 2026
Parties:
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Docket Entries
#1
Apr 13, 2026
Petition for Writ of Habeas Corpus against Gregory Archambeault, Christopher J. Larose, Todd Lyons, Markwayne Mullins ( Filing fee $ 5 receipt number ACASDC-21026571.), filed by Ramiro Osoria Herrera. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:26-cv-2348-JO-VET. Judge Jinsook Ohta and Magistrate Judge Valerie E. Torres are assigned to the case. (Blanco, Jesse)(anh) (Entered: 04/14/2026)
#2
Apr 14, 2026
Minute Order by Judge Jinsook Ohta: The Court adopts with the following modification the Standard Procedures for Immigration Habeas Petitions from Chief Judge Order No. 144, available on the court's website: Any optional reply will be due 3 days after the government's opposition. Further, the Court sets a hearing on the Petition for May 7, 2026, 9:30 AM in Courtroom 4C. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 4/14/2026. (mk) (Entered: 04/14/2026)
Apr 14, 2026
Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings
#3
Apr 20, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#4
Apr 21, 2026
Return to Petition for Writ of H/C
#5
May 05, 2026
Minute Order by Judge Jinsook Ohta: The government filed an opposition to the habeas petition, asserting that Petitioner is a lawful permanent resident who should be treated as "seeking admission" under 8 U.S.C. §§ 1101(a)(13)(C) and 1182(a)(2)(H), and is therefore subject to mandatory detention under 8 U.S.C. § 1225(b)(2). The Court orders Petitioner to file a reply addressing these arguments by May 8, 2026 and vacates the hearing scheduled for May 7, 2026. The matter will be taken under submission once Petitioner files his reply, and the Court will set a hearing at a later date if necessary. Signed by Judge Jinsook Ohta on 5/5/2026. (mk) (Entered: 05/05/2026)
May 05, 2026
Minute Order (No Time) AND ~Util - Terminate Motion and R&R Deadlines/Hearings
#6
May 12, 2026
Minute Order by Judge Jinsook Ohta: On May 5, 2026, the Court ordered Petitioner to file a reply by May 8, 2026 addressing Respondents' argument that Petitioner is a lawful permanent resident who should be treated as "seeking admission" under 8 U.S.C. §§ 1101(a)(13)(C) and 1182(a)(2)(H), and is therefore subject to mandatory detention under 8 U.S.C. § 1225(b)(2). Dkt. 5. Petitioner's counsel has not filed the required reply nor requested an extension of time to do so. In the meantime, his client's detention continues, and the Court remains without the assistance of the requested briefing. Unless Petitioner's counsel files the required reply by May 15, 2026 at 12:00 PM, the Court will relieve him as counsel for failure to provide the representation needed by his client and conditionally appoint Federal Defenders to this case. Signed by Judge Jinsook Ohta on 5/12/2026. (mk) (Entered: 05/12/2026)
May 12, 2026
Minute Order (No Time)
#8
May 15, 2026
Minute Order by Judge Jinsook Ohta: On May 12, 2026, the Court ordered Petitioner's counsel Jesse Blanco to file the required reply by May 15, 2026, or be relieved as counsel for failure to represent Petitioner. Dkt. 6. Because the Court finds that representation is necessary given the complexity and potential validity of the issues represented, and counsel has not filed the ordered reply, the Court conditionally appoints the Federal Defenders to represent Petitioner in this matter. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Counsel Federal Defenders shall file a reply by May 21, 2026 addressing Respondents' arguments as described in Dkts. 5 and 6. If counsel requires additional time, they may file a request for an extension. The Court sets a hearing on the habeas petition for May 28, 2026, at 9:30 a.m. in Courtroom 4C before Judge Jinsook Ohta.The Court ORDERS Petitioner to submit a form CJA 23 financial affidavit by May 29, 2026 to demonstrate financial eligibility. See Terrovona v. Kincheloe, 912 F.2d 1176, 118182 (9th Cir. 1990); 18 U.S.C. § 3006A(b). Signed by Judge Jinsook Ohta on 5/15/2026. (mk) (Entered: 05/15/2026)
#9
May 15, 2026
Minute Order by Judge Jinsook Ohta: On May 12, 2026, the Court ordered Petitioner's counsel, Jesse Blanco, to file a reply by May 15, 2026, at 12:00 p.m. When the Court docketed its minute order at Dkt. 8, the Court had not yet received Petitioner's reply. At approximately the same time, Petitioner filed the required reply shortly after the noon deadline. Because Petitioner's counsel has now filed the required reply, the Court VACATES its minute order at Dkt. 8. The Court sets oral argument on the habeas petition for May 28, 2026, at 9:30 a.m. in Courtroom 4C before Judge Jinsook Ohta. Signed by Judge Jinsook Ohta on 5/15/2026. (mk) (Entered: 05/15/2026)
May 15, 2026
Minute Order (No Time)
#10
May 26, 2026
Minute Order by Judge Jinsook Ohta: The Court ORDERS Respondents to file by tomorrow, May 27, 2026 at 3 PM, a status report regarding the status of any criminal prosecution against Petitioner. The status report shall include supporting documents, including any charging documents, plea agreements, convictions, or other relevant records concerning the criminal proceedings. Signed by Judge Jinsook Ohta on 5/26/2026. (mk) (Entered: 05/26/2026)
May 26, 2026
Minute Order (No Time)
#11
May 27, 2026
Status Report
Main Document:
Status Report
#12
May 28, 2026
Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing on Petition for Writ of Habeas Corpus held on 5/28/2026. The Court will issue a written order. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Elizabeth F. Rodriguez S/A). (Respondent Attorney Antonio Estrada, AUSA). (no document attached) (smy) (Entered: 05/28/2026)
May 28, 2026
Status Hearing
#14
May 29, 2026
Judgment - Clerk
Main Document:
Judgment - Clerk
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