Eastern District of California • 1:26-cv-03185

#1

Apr 27, 2026

2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Hector Libardo Cubillos Rubiano. (Deputy Clerk MR) Modified on 5/6/2026 (KS). (Entered: 04/28/2026)

#2

Apr 27, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Hector Libardo Cubillos Rubiano. (Deputy Clerk MR) (Entered: 04/28/2026)

#3

Apr 27, 2026

MOTION to APPOINT COUNSEL by Hector Libardo Cubillos Rubiano. (Deputy Clerk MR) (Entered: 04/28/2026)

#4

Apr 28, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 04/28/2026)

#5

Apr 28, 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: 04/28/2026)

Apr 28, 2026

Service by Mail

Apr 28, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Hector Libardo Cubillos Rubiano. (Deputy Clerk MR)

#6

May 04, 2026

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/04/2026 GRANTING Petitioner's 2 Motion to Proceed IFP and GRANTING Petitioner's 3 Motion to Appoint Counsel. Within 7 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 Judge Edmund F. Brennan's courtroom deputy who shall update the docket to reflect counsel's appointment. Respondents' answer/response to the § 2241 petition is due no later than 20 days from the date of this order. Petitioner's reply is due 14 days after being served with the answer. In order to ensure this court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk KS) (Entered: 05/04/2026)

May 04, 2026

Service by Mail

May 04, 2026

SERVICE BY MAIL: 6 Order served on Hector Libardo Cubillos Rubiano. (Deputy Clerk KS)

#7

May 12, 2026

MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/12/2026: The Court has been notified of Counsel's contact information, pursuant to the 5/4/2026 6 Order. Attorney Linette Tobin is hereby APPOINTED as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Linette Tobin as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 05/12/2026)

May 12, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#8

May 22, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Weger, Shelley) (Entered: 05/22/2026)

#10

Jun 29, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/29/2026 RECOMMENDING that Petitioner's 1 Petition for Writ of Habeas Corpus be granted as follows: a) Respondents be ordered to immediately release Petitioner Hec tor Libardo Cubillos Rubiano, A# 246-164-447, from Respondents' custody on the conditions, if any, he was subject to prior to his detention on 3/19/2026 and b) Respondent be enjoined and restrained from re-detaining Petitioner for any purpose, a bsent exigent circumstances, without providing Petitioner notice and a pre-detention hearing before an immigration judge, at which hearing Respondent will bear the burden to demonstrate that Petitioner is a danger to the community or a flight risk by clear and convincing evidence. It is further RECOMMENDED that Petitioner's request for attorney fees and costs be denied without prejudice to bringing a properly noticed and supported motion, that the Clerk be directed to serve a copy of this o rder on the Central Valley Annex, and that the Clerk be directed to enter judgment in favor of Petitioner and to close this case. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)

#11

Jul 06, 2026

Objections to Findings and Recommendations

#12

Jul 14, 2026

ORDER signed by District Judge Dale A. Drozd on 07/14/2026 ADOPTING the 10 Findings and Recommendations IN FULL and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Hector Libardo Cubillos Rubiano, A# 246-164-447, on the conditions, if any, he was subject to prior to his detention on 3/19/2026. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, unless th ey provide Petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing Respondents will bear the burden to demonstrate that Petitioner is a danger to the community or a flight risk by clear and convincing evidence. Petitioner's request for attorneys' fees and costs is DENIED without prejudice to bringing a properly-noticed and supported motion. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk KS)

#13

Jul 14, 2026

Judgment