Eastern District of California • 1:26-cv-02971

(HC) Ballen-Ramirez v. Warden Golden State Annex

Completed

Case Information

Filed: April 20, 2026
Assigned to: Dale Alan Drozd
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 28, 2026
Last Activity: June 02, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 20, 2026
2241 PETITION for WRIT of HABEAS CORPUS AND PRELIMINARY INJUNCTION against Warden Golden State Annex by Alvaro Ballen-Ramirez. (Deputy Clerk RRB) (Entered: 04/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Alvaro Ballen-Ramirez. (Deputy Clerk RRB) (Entered: 04/22/2026)
Main Document: In Forma Pauperis
#3
Apr 20, 2026
MOTION to APPOINT COUNSEL by Alvaro Ballen-Ramirez. (Deputy Clerk RRB) (Entered: 04/22/2026)
Main Document: Appoint Counsel
#4
Apr 22, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/26/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RRB) (Entered: 04/22/2026)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 22, 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: 04/22/2026)
Main Document: CONSENT/DECLINE
Apr 22, 2026
Service by Mail
Apr 22, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Alvaro Ballen-Ramirez. (Deputy Clerk RRB)
#6
Apr 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden Golden State Annex. Attorney Audrey Benison Hemesath, GOVT terminated. (Andrews, Anthony) (Entered: 04/24/2026)
Main Document: DESIGNATION
#7
Apr 27, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 04/27/2026. Petitioner, Alvaro Ballen-Ramirez (A# 220-745-938), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma pauperis. ECF Nos. 1, 2 . Petitioner's motion to proceed in forma pauperis 2 is GRANTED and petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. The court has reviewed the 1 Petition for Writ of Habeas Corpus, which appears to be a petition and a motion for preliminary injunctive relief, which assert petitioner's detention violates the Fifth Amendment Due Process Clause and seek relief in the form of immediate release or bond, and any other relief the court deems just and proper. Liberally construed, the petition and motion assert two violations of petitioner's due process rights: one based on his prolonged detention and another based on the revocation of his release. The undersigned intends to issue findings and recommendations directly on the claims raised in the petition and motion for preliminary injunctive relief. In doing so, the undersigned will consider any arguments made and exhibits submitted in support of the motion for preliminary injunctive relief. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file any opposition to the motion for preliminary injunction on or before April 30, 2026, which shall substantively address whether there are any factual or legal issues that materially distinguish this case from the court's prior orders in Cajina v. Wofford, No. 1:25-cv-1566 DAD AC (HC), 2025 WL 3251083 (E.D. Cal. Nov. 21, 2025), Mejia Parada v. Chestnut, No. 1:26-cv-1564 DAD JDP, 2026 WL 555479 (E.D. Cal. Feb. 27, 2026), Vilcape Garate v. Chestnut, No. 1:26-cv-1472 DAD SCR, 2026 WL 524661 (E.D. Cal. Feb. 25, 2026); Glavis v. Noem, No. 1:26-cv-0957 DAD AC (HC), 2026 WL 330608 (E.D. Cal. Feb. 6, 2026). Petitioner may file a reply, if any, on or before May 7, 2026. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. 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"). 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 and motion for preliminary injunction (ECF No. 1 ) pursuant to 28 U.S.C. § 2241 on the United States Attorney. (Text Only Entry) (Deputy Clerk JAA) (Entered: 04/27/2026)
Apr 27, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Apr 27, 2026
Service by Mail
Apr 27, 2026
SERVICE BY MAIL: 7 Minute Order served on Alvaro Ballen-Ramirez. (Deputy Clerk JAA)
#8
Apr 29, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus; OPPOSITION to Motion for Preliminary Injunction by Warden Golden State Annex. (Andrews, Anthony) Modified on 4/30/2026 (KLY). (Entered: 04/29/2026)
Main Document: RESPONSE
#9
May 13, 2026
Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
Main Document: Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
May 13, 2026
SERVICE BY MAIL: 9 Findings and Recommendations served on Alvaro Ballen-Ramirez. (Deputy Clerk AMW)
May 13, 2026
Service by Mail
#10
May 20, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
May 28, 2026
Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND ~Util - Terminate Civil Case
#12
May 28, 2026
Judgment
Main Document: Judgment
#13
May 29, 2026
Notice of Compliance
Main Document: Notice of Compliance
Jun 02, 2026
SERVICE BY MAIL: 11 Order, 12 Judgment served on Alvaro Ballen-Ramirez. (Deputy Clerk HAH)
Jun 02, 2026
Service by Mail

Parties

(HC) Ballen-Ramirez
Party
Warden Golden State Annex
Party