Eastern District of California • 1:26-cv-02773
(HC) Lemus Lopez v. Warden
Active
Case Information
Filed: April 13, 2026
Assigned to:
Dena M. Coggins
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:
June 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Doris Aracely Lemus Lopez. (Deputy Clerk JAW) (Entered: 04/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 13, 2026
MOTION to APPOINT COUNSEL by Doris Aracely Lemus Lopez. (Deputy Clerk JAW) (Entered: 04/15/2026)
Main Document:
Appoint Counsel
Apr 13, 2026
RECEIPT number 100007894 for $5.00 for Doris Aracely Lemus Lopez from Cal City Immigration Processing. (Deputy Clerk JAW)
#3
Apr 15, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/18/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/15/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#4
Apr 15, 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: 04/15/2026)
Main Document:
CONSENT/DECLINE
Apr 15, 2026
Service by Mail
Apr 15, 2026
SERVICE BY MAIL: 3 Prisoner New Case Documents served on Doris Aracely Lemus Lopez. (Deputy Clerk JAW)
#5
Apr 17, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/17/2026 DIRECTING petitioner to file an IFP form within 30 days of this order and GRANTING 2 Motion to Appoint Counsel. Within 14 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to, courtroom deputy Lisa Kennison, who shall update the docket to reflect counsel's appointment. (cc: Habeas Appointment) (Deputy Clerk AMW)
Apr 17, 2026
Service by Mail
Apr 17, 2026
SERVICE BY MAIL: 5 Order and IFP form served on Doris Aracely Lemus Lopez. (Deputy Clerk AMW)
#6
Apr 20, 2026
ORDER of RECUSAL signed by Magistrate Judge Carolyn K. Delaney on 4/17/2026 RECUSING Magistrate Judge Carolyn K. Delaney and REASSIGNING District Judge Dena M. Coggins and Magistrate Judge Dennis M. Cota for all further proceedings. All deadlines and pending dates previously set before Judge Delaney are VACATED AND REST before District Judge Dena M. Coggins and Magistrate Judge Dennis M. Cota. The new case number is: 1:26-cv-02773 DC DMC. (Deputy Clerk AMW) (Entered: 04/20/2026)
Main Document:
Order Reassigning Case
Apr 20, 2026
Service by Mail
Apr 20, 2026
SERVICE BY MAIL: 6 Order Reassigning Case served on Doris Aracely Lemus Lopez. (Deputy Clerk AMW)
#7
Apr 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Camilo Rodriguez, GOVT added for Warden. Attorney Audrey Benison Hemesath, GOVT terminated. (Rodriguez, Camilo) (Entered: 04/22/2026)
Main Document:
DESIGNATION
#8
Apr 22, 2026
ORDER signed by Magistrate Judge Dennis M. Cota on 04/21/2026 GRANTING Petitioner's 2 Motion to Appoint Counsel and APPOINTING the Federal Defender to represent Petitioner. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information the Judge Dennis M. Cota's courtroom deputy, and counsel will be added as counsel for Petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within 7 days of this order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Respondent is DIRECTED to file a response or motion to dismiss within 21 days and Respondent shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application. Petitioner's reply or opposition, if any, is due on or before 14 days from the date Respondent's response is filed. In order to ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner outside of this judicial district, pending further order of the court. (Deputy Clerk KS) (Entered: 04/22/2026)
Main Document:
06 - HC/Order Requiring Respondent to File a Response
Apr 22, 2026
SERVICE BY MAIL: 8 Order served on Doris Aracely Lemus Lopez. (Deputy Clerk KS)
Apr 22, 2026
Service by Mail
#10
Apr 29, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
Apr 29, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#13
May 21, 2026
Request
Main Document:
Request
#14
May 26, 2026
ORDER signed by Magistrate Judge Dennis M. Cota on 5/22/2026 GRANTING 13 Motion for Extension of Time; Petitioner shall file a reply/traverse on or before 6/8/2026; and DENYING as moot 10 Motion to Proceed IFP. (Deputy Clerk RRB)
#17
Jun 09, 2026
Request
Main Document:
Request
#18
Jun 15, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 6/15/2026 RECOMMENDING that Petitioner's petition for writ of habeas corpus, 1 , be GRANTED as Petitioner's detention violates due process; It is RECOMMENDED that Petitioner DORIS ARACELY LEMUS LOPEZ, A-249-082-724 be RELEASED IMMEDIATELY from Respondents' custody upon the same conditions as her prior release, with her belongings. Respondents shall not impose any additional restriction on her, such a s electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; It is RECOMMENDED that Respondents be ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with consti tutional protections, including seven (7) day notice and a hearing before a neutral fact-finder where Respondents show: (a) there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present. It is RECOMMENDED that Petitioner's request for ruling, 17 , be DENIED AS MOOT. These Findings and Recommendations are submitted to U.S. District Judge Dena M. Coggins; Objections to these F&Rs due within 7 days. (Deputy Clerk LMS)
#19
Jun 21, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#20
Jun 24, 2026
Request
Main Document:
Request
#21
Jun 26, 2026
ORDER signed by District Judge Dena M. Coggins on 6/25/2026 ADOPTING the 18 findings and recommendations; GRANTING the Petitioner Doris Aracely Lemus Lopez's (A-249-082-724) petition for a 1 writ of habeas corpus as her detention violates d ue process; ORDERING Respondents to IMMEDIATELY RELEASE Petitioner fromRespondents' custody upon the same conditions as her prior release, with her belongings; Respondents SHALL NOT impose any additional restriction on Petitioner upon her rele ase, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional pro tections, including 7 day notice and a hearing before a neutral fact-finder where Respondents show: there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner's removal in the reasonably fores eeable future, or Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk. At any such hearing, Petitioner shall be allowed to have counsel present; DENYING Petitioner's 17 and 18 requests for ruling as moot; this order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. (cc ICE California City) CASE CLOSED (Deputy Clerk RRB)
#22
Jun 26, 2026
Judgment
Main Document:
Judgment
Parties
(HC) Lemus Lopez
Party
Warden
Party