Eastern District of California • 1:26-cv-02992
(HC) Xu v. Warden of the California City Detention Facility
Active
Case Information
Filed: April 21, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 21, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden of the California City Detention Facility by Erxiong Xu. (Deputy Clerk CM) (Entered: 04/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Erxiong Xu. (Deputy Clerk CM) (Entered: 04/23/2026)
Main Document:
In Forma Pauperis
#3
Apr 21, 2026
MOTION for APPOINTMENT of COUNSEL by Erxiong Xu. (Deputy Clerk CM) (Entered: 04/23/2026)
Main Document:
Appoint Counsel
#4
Apr 23, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 5/29/2026. (Attachments: # 1 Consent Form) (Deputy Clerk CM) (Entered: 04/23/2026)
Main Document:
Prisoner New Case Documents for Magistrate Judge as Presider
#5
Apr 23, 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: 04/23/2026)
Main Document:
CONSENT/DECLINE
#6
Apr 23, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/23/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 04/23/2026)
Apr 23, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Erxiong Xu. (Deputy Clerk CM)
Apr 23, 2026
Service by Mail
Apr 23, 2026
SERVICE BY MAIL: 6 Minute Order served on Erxiong Xu. (Deputy Clerk GJM)
Apr 23, 2026
Minute Order
#7
Apr 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Sergio Albarran,Camilo Rodriguez, GOVT for Todd Blanche,Camilo Rodriguez, GOVT for Todd M. Lyons,Camilo Rodriguez, GOVT for Markwayne Mullin,Camilo Rodriguez, GOVT for Warden of the California City Detention Facility, attorney Audrey Benison Hemesath, GOVT terminated (Rodriguez, Camilo) (Entered: 04/27/2026)
Main Document:
DESIGNATION
#12
Apr 27, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Erxiong Xu (filed pro se). [Filed in this action pursuant to 4/30/2026 Minute Order in case no. 1:26-cv-3195] (Deputy Clerk KLY) (Entered: 04/30/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#8
Apr 28, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/28/2026 GRANTING petitioner's 2 motion to proceed ifp and 3 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 Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney. The Clerk shall serve a copy of this order and the 1 petition filed on April 21,2026, on the Federal Defender, Attention: Habeas Appointment. (cc: FD-Habeas Appointment) (Deputy Clerk KLY) (Entered: 04/28/2026)
Apr 28, 2026
Service by Mail
Apr 28, 2026
SERVICE BY MAIL: 8 Order served on Erxiong Xu. (Deputy Clerk KLY)
#9
Apr 29, 2026
NOTICE of RELATED CASE(S) 1:26-cv-03195-DC-AC by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden of the California City Detention Facility. (Rodriguez, Camilo) (Entered: 04/29/2026)
Main Document:
Notice of Related Case
#10
Apr 29, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/29/2026: The court has been notified of counsel's contact information, pursuant to the 8 Order. Attorney Harry Simon is hereby appointed as counsel for Petitioner nunc pro tunc to 4/28/2026. The Clerk of Court shall update the docket to reflect Attorney Tilman Jacobs, 55 Columbus Avenue, San Francisco, CA 94111, 415-896-1701, tilmanj@asianlawcaucus.org, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 04/29/2026)
#11
Apr 29, 2026
STIPULATION re Proposed Briefing Schedule by the Parties. (Rodriguez, Camilo) Modified on 4/30/2026 (KLY). (Entered: 04/29/2026)
Main Document:
STIPULATION
Apr 29, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#13
May 01, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/1/2026: Good cause appearing, the Court adopts the parties' 11 Proposed Briefing Schedule. Pursuant to 28 U.S.C. § 2243, Respondent shall file a response to the pending 12 Amended Petition on or before 5/8/2026, and shall provide any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application. Petitioner's reply, if any, is due on or before 5/13/2026. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/01/2026)
May 07, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed: 8 Order sent to Erxiong Xu. Notice of Change of Address due by 6/15/2026. (Deputy Clerk JRW)
#14
May 08, 2026
MOTION to DISMISS 1 Petition for Writ of Habeas Corpus by All Respondents. (Attachments: # 1 Exhibit 1) (Rodriguez, Camilo) Modified on 5/14/2026 (KS). (Entered: 05/08/2026)
Main Document:
Dismiss
#15
May 13, 2026
OPPOSITION to 14 Motion to Dismiss by Erxiong Xu. (Attachments: # 1 Decl. of Jacobs) (Jacobs, Tilman) (Entered: 05/13/2026)
Main Document:
Opposition to Motion
#16
Jun 01, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/1/2026 RECOMMENDING that 14 Motion to Dismiss be denied. Referred to District Judge Daniel J. Calabretta. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk HAH) (Entered: 06/01/2026)
#17
Jun 15, 2026
OBJECTIONS to 16 Findings and Recommendations by All Respondents. (Rodriguez, Camilo) Modified on 6/18/2026 (KS). (Entered: 06/15/2026)
Main Document:
Objections to Findings and Recommendations
#18
Jul 14, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Zachary John Ray, GOVT for Respondents, attorney Camilo Rodriguez, GOVT terminated (Ray, Zachary) Modified on 7/20/2026 (HAH). (Entered: 07/14/2026)
Main Document:
DESIGNATION
#19
Jul 15, 2026
ORDER signed by District Judge Daniel J. Calabretta on 7/14/2026 ADOPTING the 16 Findings and Recommendations, DENYING the 14 Motion to Dismiss and REFERRING the case back to the assigned Magistrate Judge. (Deputy Clerk VLK)
#20
Jul 21, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/21/2026: Petitioner (A-241-304-330) proceeds on a 12 First Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 2243, Respondents shall File an Answer to the Petition within 20 days of the date of this order and shall provide all transcripts or other documents relevant to the determination of the issues presented in the Amended Petition. Petitioner may File a Traverse within 14 days of Respondents' Answer. (Text Only Entry) (Deputy Clerk JRM) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#21
Aug 09, 2026
RESPONSE by Sergio Albarran, Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden of the California City Detention Facility to 12 Amended Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit)(Ray, Zachary) (Entered: 08/09/2026)
Main Document:
RESPONSE
#23
Oct 14, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/2026 recommending that the 12 Amended Petition for Writ of Habeas Corpus be granted and the Respondents be enjoined and restrained from re-detaining or effectuating petitioner's third country removal to a country not designated by an IJ. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk JJD)
Parties
(HC) Xu
Party
Warden of the California City Detention Facility
Party