Eastern District of California • 1:26-cv-03234
(HC) Romero Villalta v. Warden of the Mesa Verde ICE Detention Facility
Active
Case Information
Filed: April 29, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
April 30, 2026
Parties:
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Docket Entries
#1
Apr 29, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting United States Attorney General, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Warden of the Mesa Verde ICE Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Adan Fernando Romero Villalta. (Deputy Clerk MR) (Entered: 04/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Adan Fernando Romero Villalta signed by Visiting Judge Micah WJ Smith on 4/30/2026. (Deputy Clerk MR) (Entered: 04/30/2026)
Main Document:
05 - HC/Order Authorizing IFP
#3
Apr 30, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 04/30/2026)
Main Document:
Immigration New Case Documents
#4
Apr 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Current or Acting Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Director, United States Immigration and Customs Enforcement,Anthony Andrews for Current or Acting Secretary, United States Department of Homeland Security,Anthony Andrews for Current or Acting United States Attorney General,Anthony Andrews for Warden of the Mesa Verde ICE Detention Facility (Andrews, Anthony) (Entered: 04/30/2026)
Main Document:
DESIGNATION
#5
Apr 30, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 . It is not clear from the face of the Petition whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following:1. Within seven days of the date of service of this order, Respondents SHALL FILE A RESPONSE to the Petition, including addressing whether this case is distinguishable from those cases in which district judges within the Eastern District of California have granted relief. See Rule 4, Rules Governing Section 2255 Cases. A Response can be made by filing (a) AN ANSWER addressing the merits of the Petition. Any argument by Respondents that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a Response can be made by filing (b) A MOTION TO DISMISS the Petition.2. Within seven days after service of this order, Respondents SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondents shall not file a hard copy of the transcripts or other documents unless so ordered by this court.3. If Respondents file an Answer to the Petition, Petitioner MAY FILE a Traverse within seven days of the service of Respondents' Answer. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the seven days.4. If Respondents file a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within seven days of the date of service of Respondents' Motion. Any Reply to an Opposition to the Motion to Dismiss SHALL be filed within seven days after the Opposition has been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time to reply has expired.5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order.IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/30/2026)
Apr 30, 2026
SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Adan Fernando Romero Villalta at the address of record on April 30, 2026. (Deputy Clerk AB)
Apr 30, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Adan Fernando Romero Villalta. (Deputy Clerk MR)
Apr 30, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Apr 30, 2026
Service by Mail
Parties
(HC) Romero Villalta
Party
Warden of the Mesa Verde ICE Detention Facility
Party