Eastern District of California • 1:26-cv-03349

#1

May 01, 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 California City Detention Facility, Current or Acting Secretary, United States Department of Homeland Security by Danny Pena Cortez. (Deputy Clerk MR) (Entered: 05/04/2026)

#2

May 01, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Danny Pena Cortez. (Deputy Clerk MR) (Entered: 05/04/2026)

#3

May 01, 2026

MOTION to APPOINT COUNSEL by Danny Pena Cortez. (Deputy Clerk MR) (Entered: 05/04/2026)

#4

May 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk MR) (Entered: 05/04/2026)

May 04, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Danny Pena Cortez. (Deputy Clerk MR)

May 04, 2026

Service by Mail

#6

May 19, 2026

ORDER signed by Magistrate Judge Dennis M. Cota on 05/18/26 GRANTING 2 Motion to Proceed IFP and Petitioner is authorized to proceed in forma pauperis without prepayment of the filing fee in this action. Petitioner's 3 Motion to Appoint Cou nsel is GRANTED and the Federal Defender is APPOINTED to represent Petitioner. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the unde rsigned's courtroom deputy Jodi Palmer at jpalmer@caed.uscourts.gov, and counsel will be added as counsel for Petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Respondent is DIRECTED to file a response or motion to dismiss within 21 days. Respondent shall include with the response any and all transcripts or other documents relevant to the determination of the issues presented in the habeas application. Petitioner's reply or opposition, if any, is due on or before 14 days from the date Respondent's response is filed. In order to ensure this courts j urisdiction to resolve the pending 2241 petition, Respondent is ORDERED not to transfer Petitioner outside of this judicial district, pending further order of the court. (cc: Federal Defender Habeas Appointment, United States Attorney) (Deputy Clerk KML) .

May 19, 2026

Service by Mail

May 27, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

Jun 24, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 06/23/2026 RECOMMENDING that Petitioner's 1 Petition for Writ of Habeas Corpus be granted as to Petitioner's detention violates due process, that Petitioner Danny Pena Cortez, A# 240-803-096, be released immediately from Respondents' custody upon the same conditions as Petitioner's prior release, with Petitioner's belongings, and that Respondents shall not impose any additional restriction on Pe titioner, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. It is further RECOMMENDED that Respondents be enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7 day notice and a hearing before a neutral fact-finder where Respondents show: (a) there are material changed circumstances which demonstrate that there is a significant likelihood of Petitioner& #039;s removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that Petitioner poses a danger to the community or a flight risk and that Petitioner shall be allowed to have counsel present. Referred to Judge Dale A. Drozd. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk KS)

#12

Jun 27, 2026

Objections to Findings and Recommendations

#13

Jun 29, 2026

ORDER signed by District Judge Dale A. Drozd on 6/29/2026 ADOPTING 11 Findings and Recommendations; GRANTING Petitioner's 1 petition for writ of habeas corpus as follows: Respondents are ORDRERED to immediately release petitioner Danny Pena Cortez, A-File No. 240-803-096, from respondents' custody on the same conditions he was subject to, if any, he was subject to prior to his re-detention on or about 2/25/2026; Respondents are ENJOINED and RESTRAINED from re-detaining petitioner f or any purpose, absent exigent circumstances, unless they provide petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing respondents will bear the burden of demonstrating that petitioner is a danger to the community or a flight risk by clear and convincing evidence. (cc ICE California City) CASE CLOSED (Deputy Clerk RRB)

#14

Jun 29, 2026

Judgment