Southern District of California • 3:26-cv-02398

Sow v. Otay Mesa Detention Center Warden

Completed

Case Information

Filed: April 15, 2026
Assigned to: Andrew G. Schopler
Referred to: Michelle M. Pettit
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (federal)
Completed: July 10, 2026
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 15, 2026
Petition for Writ of Habeas Corpus against Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE) (Filing fee $5 receipt number 168638), filed by Pape Sow. (Attachments: # 1 Unredacted, # 2 Civil Cover Sheet, # 3 Receipt) Judge Janis L. Sammartino and Magistrate Judge Allison H. Goddard are assigned to the case. (Pape Sow)The new case number is 3:26-cv-2398-JLS-AHG. (maq) (Entered: 04/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 17, 2026
ORDER referring Petition to Federal Defenders for evaluation regarding appointment of counsel. Signed by Judge Janis L. Sammartino on 4/17/2026. (cc: Federal Defenders Doc 1 and this Order)(All non-registered users served via U.S. Mail Service)(jpp) (Entered: 04/17/2026)
Main Document: Order
#3
Apr 17, 2026
NOTICE of Appearance by Zandra Lopez on behalf of Pape Sow (Lopez, Zandra)Attorney Zandra Lopez added to party Pape Sow(pty:pet) (aas). (Entered: 04/17/2026)
Main Document: Notice of Appearance
#4
Apr 20, 2026
NOTICE OF RELATED CASE(S) by Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE) of case(s) No. 26-cv-1115-AGS-MMP . (Dimbleby, Erin) (aas). (Entered: 04/20/2026)
Main Document: Notice of Related Case
#5
Apr 21, 2026
NOTICE of Appearance and Substitution of Counsel by Allie Elise Malone Subke on behalf of Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE) (Malone Subke, Allie)Attorney Allie Elise Malone Subke added to party Otay Mesa Detention Center Warden(pty:res), Attorney Allie Elise Malone Subke added to party U.S. Immigration and Customs Enforcement (ICE)(pty:res) (aas). (Entered: 04/21/2026)
Main Document: Notice of Appearance
#6
Apr 21, 2026
MINUTE ORDER OF TRANSFER. Judge Janis L. Sammartino, Magistrate Judge Allison H. Goddard is no longer assigned. Case reassigned to District Judge Andrew G. Schopler and Magistrate Judge Michelle M. Pettit for all further proceedings. The new case number is 26cv2398-AGS-MMP.(no document attached) (aas) (Entered: 04/21/2026)
#7
Apr 21, 2026
ORDER TO SHOW CAUSE: On March 25, 2026, this Court ordered respondents to provide Sow a bond hearing by April 8, 2026. See Sow v. LaRose, et al., 26-cv-1115-AGS-MMP (S.D. Cal. March 25, 2026), at ECF 8. The order directed that "the government shall bear the burden of proof, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight." Id. at 1. Petitioner has now filed the present petition, alleging that "[n]o findings have been made that [petitioner] is a flight risk" or "a danger to the community." (ECF 1, at 5.) By April 24, 2026, respondents must show cause why petitioner should not be immediately released. Signed by District Judge Andrew G. Schopler on 4/21/2026. (no document attached) (jxg3) (Entered: 04/21/2026)
#8
Apr 21, 2026
NOTICE of Appearance Replacing Zandra L. Lopez by Jessica Agatstein on behalf of Pape Sow (Agatstein, Jessica)Attorney Jessica Agatstein added to party Pape Sow(pty:pet) (jpp). (Entered: 04/21/2026)
Main Document: Notice of Appearance
Apr 21, 2026
Order
Apr 21, 2026
Order of Judge Transfer
#9
Apr 22, 2026
NOTICE of Appearance by Maria Fernanda Ezquerro on behalf of Pape Sow (Ezquerro, Maria)Attorney Maria Fernanda Ezquerro added to party Pape Sow(pty:pet) (jpp). (Entered: 04/22/2026)
Main Document: Notice of Appearance
#10
Apr 24, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE) re 7 Order,,,. (Attachments: # 1 Exhibit)(Malone Subke, Allie) (mef). (Entered: 04/24/2026)
Main Document: Response to Order to Show Cause
#11
Apr 28, 2026
ORDER (AGS): In light of respondents' response (ECF 10 ), the order to show cause is discharged without further action. As previously ordered, petitioner must file any amended petition by May 8, 2026. The return, to either the original or any amended petition, is due May 15, 2026. Petitioner's traverse is due May 22, 2026. The Court will hear the matter on June 8, 2026, at 3:00 p.m. Signed by District Judge Andrew G. Schopler on 4/28/2026. (no document attached) (jxg3) (Entered: 04/28/2026)
Apr 28, 2026
Order AND ~Util - Set Motion and R&R Deadlines/Hearings
#12
Apr 29, 2026
NOTICE of Withdrawal of Attorney Jessie Agatstein by Pape Sow (Agatstein, Jessica) (mef). (Entered: 04/29/2026)
Main Document: Notice (Other)
#13
May 07, 2026
AMENDED PETITION FOR WRIT OF HABEAS CORPUS against Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE), filed by Pape Sow. (Ezquerro, Maria) (mef). (Entered: 05/07/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#14
May 15, 2026
RETURN to Petition for Writ of H/C by Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE). (Attachments: # 1 Exhibit)(Malone Subke, Allie) (mef). (Entered: 05/15/2026)
Main Document: Return to Petition for Writ of H/C
#15
May 22, 2026
TRAVERSE to Petition for Writ of H/C by Pape Sow. (Ezquerro, Maria) (sjt). (Entered: 05/22/2026)
Main Document: Traverse to Petition for Writ of H/C
#16
Jun 03, 2026
ORDER (AGS): Due to the Court's schedule, the hearing in this case is reset to June 9, 2026, at 10:30 a.m. Signed by District Judge Andrew G. Schopler on 6/3/2026. (no document attached) (jxg3) (Entered: 06/03/2026)
Jun 03, 2026
Order AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Terminate Motion and R&R Deadlines/Hearings
#17
Jun 09, 2026
ORDER (AGS): Due to an unexpected change in the Court's calendar, the hearing in this case is reset to June 11, 2026, at 2:30 p.m. Signed by District Judge Andrew G. Schopler on 06/09/2026.(no document attached) (mxa) (Entered: 06/09/2026)
#18
Jun 09, 2026
Joint MOTION to Continue Hearing on Petitioner's Habeas Petition by Otay Mesa Detention Center Warden, U.S. Immigration and Customs Enforcement (ICE). (Malone Subke, Allie)(mef). (Entered: 06/09/2026)
Main Document: Continue
Jun 09, 2026
Order AND ~Util - Set Motion and R&R Deadlines/Hearings
#19
Jun 10, 2026
ORDER (AGS): The joint motion to continue (ECF 18 ) is granted. The habeas hearing is rescheduled to June 16, 2026, at 11:30 a.m. Signed by District Judge Andrew G. Schopler on 06/10/2026. (no document attached) (jxg3) (Entered: 06/10/2026)
Jun 10, 2026
Order on Motion to Continue
#20
Jun 16, 2026
ORDER (AGS): On June 16, 2026, the Court held a hearing. For the reasons stated on the record, the amended habeas petition (ECF 13 ) is denied. The Clerk is directed to issue a judgment and close this case.(Court Reporter/ECR James Pence). (Plaintiff Attorney Maria F. Ezquerro). (Defendant Attorney Allie E. Malone Subke). (no document attached) (lrc) (Entered: 06/16/2026)
Jun 16, 2026
Motion Hearing
#21
Jul 10, 2026
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: On June 16, 2026, the Court held a hearing. For the reasons stated on the record, the amended habeas petition (ECF 13) is denied. The case is hereby closed.(mef) (Entered: 07/10/2026)
Main Document: Judgment - Clerk
#22
Aug 17, 2026
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 6/16/2026, before Judge Andrew G. Schopler. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/8/2026. Redacted Transcript Deadline set for 9/17/2026. Release of Transcript Restriction set for 11/16/2026. (jcp) (Entered: 08/17/2026)
Main Document: Transcript