Southern District of California • 3:26-cv-02401

Osorio Nova v. Warden Otay Mesa Detention Center

Active

Case Information

Filed: April 15, 2026
Assigned to: Benjamin J. Cheeks
Referred to: Valerie E. Torres
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: June 03, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 15, 2026
Petition for Writ of Habeas Corpus against Warden Otay Mesa Detention Center ( Filing fee $ 5 receipt number 168640.), filed by Erick Esau Osorio Nova. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Receipt)The new case number is 3:26-cv-2401-BJC-VET. Judge Benjamin J. Cheeks and Magistrate Judge Valerie E. Torres are assigned to the case.(rxc) (Entered: 04/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 17, 2026
Order Requiring Response to Petition for Habeas Corpus and Appointing Counsel. Federal Defenders conditionally appointed. Signed by District Judge Benjamin J. Cheeks on 4/17/2026.(All non-registered users served via U.S. Mail Service)(sjt) (Entered: 04/17/2026)
Main Document: Order Setting Briefing Schedule - Habeas Corpus
#3
Apr 17, 2026
NOTICE of Appearance by Zandra Lopez on behalf of Erick Esau Osorio Nova (Lopez, Zandra)Attorney Zandra Lopez added to party Erick Esau Osorio Nova (pty:pet) (Entered: 04/17/2026)
Main Document: Notice of Appearance
#4
Apr 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Apr 21, 2026
Traverse to Petition for Writ of H/C
Main Document: Traverse to Petition for Writ of H/C
#6
Apr 21, 2026
Withdrawal of Document
Main Document: Withdrawal of Document
#7
Apr 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Apr 27, 2026
Notice (Other)
Main Document: Notice (Other)
#9
Apr 28, 2026
Financial Affidavit - CJA 23
Main Document: Financial Affidavit - CJA 23
#10
May 04, 2026
Return to Petition for Writ of H/C
Main Document: Return to Petition for Writ of H/C
#11
May 04, 2026
Traverse to Petition for Writ of H/C
Main Document: Traverse to Petition for Writ of H/C
#12
Jun 03, 2026
Minute Order by District Judge Benjamin J. Cheeks: On April 15, 2026, Petitioner Erick Esau Osorio Nova, a national of Guatemala, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Respondents do not oppose the petition and defers to the Court on the appropriate relief. ECF No. 10 at 3. Accordingly, the Court GRANTS in part the petition for a writ of habeas corpus. The government shall hold a bond hearing within fourteen days of this order, unless the noncitizen requests a continuance, and cannot deny bond at the hearing based on 8 U.S.C. § 1225. The government is enjoined from transferring Petitioner before a bond hearing takes place. The petition is otherwise DENIED. The Clerk of Court shall close the case.(tv) (Entered: 06/03/2026)
#13
Jun 03, 2026
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court GRANTS in part the petition for a writ of habeas corpus. The government shall hold a bond hearing within fourteen days of this order, unless the non citizen requests a continuance, and cannot deny bond at the hearing based on 8 U.S.C. § 1225. The government is enjoined from transferring Petitioner before a bond hearing takes place. The petition is otherwise DENIED. The Case is hereby closed.(axc1) (Entered: 06/03/2026)
Main Document: Judgment - Clerk
Jun 03, 2026
Minute Order (No Time)