Eastern District of California • 1:26-cv-03042

(HC) Vo v. Becerra

Completed

Case Information

Filed: April 21, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erin Guy Castillo
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 30, 2026
Last Activity: July 30, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 21, 2026
PETITION for WRIT of HABEAS CORPUS against Ngoc Minh Vo by Ngoc Minh Vo. (Filing fee $ 5, receipt number ACAEDC-13216174) (Cummings, Robert) (Entered: 04/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
CIVIL COVER SHEET filed by Ngoc Minh Vo. (Cummings, Robert) (Entered: 04/21/2026)
Main Document: CIVIL
#3
Apr 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Ngoc Minh Vo. (Cummings, Robert) (Entered: 04/21/2026)
Main Document: Temporary Restraining Order
#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 MCF) (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
#6
Apr 22, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 4/22/2026: The Court has reviewed the 1 petition for writ of habeas corpus and 3 motion for temporary restraining order. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. 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."); Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file any response to the 1 petition for writ of habeas corpus by April 29, 2026. The response shall provide the Court with copies of all of the following documents from petitioner's A-file if they were provided to petitioner: (1) any order of removal; (2) any documentation concerning petitioner's prior detention and release from detention; (3) any Form I-220B, Order of Supervision; (4) any notice of revocation of release; (5) any documentation concerning an alien informal interview under 8 C.F.R. §§ 241.4(l) and 241.13(i); (6) any Form I-213, Record of Deportable/Inadmissible Alien; (7) any travel document for petitioner; and (8) any and all available records documenting and/or detailing the nature of any alleged violations of the order of supervision. Petitioner may file a reply by May 4, 2026. Pending the Court's decision, and unless and until the Court orders otherwise, the Court ORDERS that respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). (jv) (Entered: 04/22/2026)
#7
Apr 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Moises Becerra,Camilo Rodriguez, GOVT for Todd Blanche,Camilo Rodriguez, GOVT for Markwayne Mullin,Camilo Rodriguez, GOVT for Ron Murray, attorney Audrey Benison Hemesath, GOVT terminated (Rodriguez, Camilo) (Entered: 04/22/2026)
Main Document: DESIGNATION
Apr 22, 2026
Minute Order
#8
Apr 28, 2026
OPPOSITION by Respondents Moises Becerra, Todd Blanche, Markwayne Mullin, Ron Murray to 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Declaration DO Decl. and Exhs.)(Rodriguez, Camilo) (Entered: 04/28/2026)
Main Document: OPPOSITION
#9
Apr 29, 2026
REPLY by Ngoc Minh Vo to RESPONSE to 3 Motion for Temporary Restraining Order. (Cummings, Robert) (Entered: 04/29/2026)
Main Document: Reply to Response to Motion
#10
May 04, 2026
ORDER REASSIGNING CASE signed by Chief Judge Troy L. Nunley: Due to the retirement of Magistrate Judge Sheila K. Oberto from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Erin Guy Castillo* for all further proceedings. (Deputy Clerk MR) (Entered: 05/04/2026)
Main Document: ORDER
#11
May 13, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 5/13/2026: (Text Only Entry): The 3 motion for temporary restraining order is denied as petitioner fails to show a likelihood of success on his claims. Petitioner's motion does not address the regulations which govern the re-detention of a noncitizen who has previously been released under an order of supervision. See 8 C.F.R. §§ 241.13(i), 241.4(l). Respondents provide evidence that they complied with those regulations by providing petitioner notice of the reasons for his re-detention and an informal interview. See Doc. 8-1, Exs. 8, 9. They also provide evidence that they had grounds to re-detain him in April 2026 under 8 C.F.R. § 241.13(i)(1), which authorizes ICE to re-detain "[a]ny alien who has been released under an order of supervision... who violates any of the conditions of release...." see 8 C.F.R. § 241.13(i)(1), because since 2014 petitioner had failed to report in accordance with his order of supervision, see Doc. 8-1, Abad Decl. at 15. This matter is referred to the assigned magistrate judge for further proceedings, including the preparation of findings and recommendations on the petition. (Deputy Clerk VMG) (Entered: 05/13/2026)
#12
May 13, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 5/13/2026: (Text Only Entry). On May 13, 2026, the District Court issued an order 11 denying Petitioner's motion 3 for temporary restraining order and referring the matter to the undersigned for further proceedings. The parties are directed to advise the Court within five (5) days whether they wish to provide additional briefing. If the parties do not respond within the specified time, the Court will assume the parties wish to proceed on their current submissions. (Deputy Clerk WAK) (Entered: 05/13/2026)
May 13, 2026
Minute Order
May 13, 2026
Minute Order AND Order on Motion for TRO
#13
May 20, 2026
NOTICE PETITIONERS NOTICE REGARDING ADDITIONAL BRIEFING by Ngoc Minh Vo. (Cummings, Robert) (Entered: 05/20/2026)
Main Document: Notice (Other)
#14
Jun 22, 2026
NOTICE PETITIONER'S NOTICE OF FULL SUBMISSION, CONTINUING CONSTITUTIONAL INJURY, AND REQUEST FOR PROMPT DISPOSITION OF PETITION FOR WRIT OF HABEAS CORPUS by Ngoc Minh Vo. (Cummings, Robert) (Entered: 06/22/2026)
Main Document: Notice (Other)
#15
Jul 07, 2026
MINUTE ORDER signed by Magistrate Judge Erin Guy Castillo on 7/7/2026: (Text Only Entry). The undersigned has reviewed the pending petition, (Doc. 1 ). The Court has previously addressed the issues raised in the petition. Therefore, on or before July 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that distinguish it from the Court's prior orders in in Ghiassi v. Murray, No. 1:26-CV-1179-JLT-SKO (HC) (E.D. Cal. Mar. 5, 2026); Vu v. Noem, No. 1:25-CV-01366-KES-SKO (HC), 2025 WL 2939179 (E.D. Cal. Oct. 15, 2025); Nguyen v. Warden, No. 2:25-CV-03297-SKO (HC), 2026 WL 72110 (E.D. Cal. Jan. 9, 2026); Duong v. Charles, No. 1:25-CV-01375-SKO (HC), 2025 WL 3055188 (E.D. Cal. Oct. 31, 2025), and justify denying the motion, or indicate the matter is not substantively distinguishable. (Deputy Clerk WAK) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order
#16
Jul 10, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Zachary John Ray, GOVT for Moises Becerra,Zachary John Ray, GOVT for Todd Blanche,Zachary John Ray, GOVT for Markwayne Mullin,Zachary John Ray, GOVT for Ron Murray, attorney Camilo Rodriguez, GOVT terminated (Ray, Zachary) (Entered: 07/10/2026)
Main Document: DESIGNATION
#17
Jul 14, 2026
RESPONSE to 15 ORDER to SHOW CAUSE by Moises Becerra, Todd Blanche, Markwayne Mullin, Ron Murray. (Ray, Zachary) (Entered: 07/14/2026)
Main Document: RESPONSE
#18
Jul 16, 2026
FINDINGS and RECOMMENDATIONS That Petitioner's 1 Petition be Granted, signed by Magistrate Judge Erin Guy Castillo on 7/15/2026. Objections to F&R due within 10-days. (Deputy Clerk CRM) (Entered: 07/16/2026)
Main Document: Findings and Recommendations
#19
Jul 23, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Respondents Moises Becerra, Todd Blanche, Markwayne Mullin, Ron Murray. (Ray, Zachary) (Entered: 07/23/2026)
Main Document: Objections to Findings and Recommendations
#20
Jul 29, 2026
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING PETITION FOR WRIT OF HABEAS CORPUS, AND REQUIRING IMMEDIATE RELEASE signed by District Judge Kirk E. Sherriff on 7/29/2026. (gm) (Entered: 07/29/2026)
Main Document: Findings and Recommendations
#21
Jul 30, 2026
JUDGMENT dated *7/29/2026* pursuant to 20 order. CASE CLOSED. (Deputy Clerk SSA) (Entered: 07/30/2026)
Main Document: Judgment AND ~Util - Terminate Civil Case

Parties

Becerra
Party
(HC) Vo
Party