Southern District of California • 3:26-cv-02927

#1

May 08, 2026

Petition for Writ of Habeas Corpus against Jeremy Casey, W. Cuevas ( Filing fee $ 5 receipt number 169291.), filed by Yohanna Berenice Acosta. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Envelope)The new case number is 3:26-cv-2927-JO-DEB. Judge Jinsook Ohta and Magistrate Judge Daniel E. Butcher are assigned to the case. Docket mailed to petitioner(tac) (Entered: 05/13/2026)

#2

May 13, 2026

Minute Order by Judge Jinsook Ohta: The Court adopts the Standard Procedures for this Immigration Habeas Petition from Chief Judge Order No. 144, which is available on the court's website with the following modification: Any optional reply will be due 3 days after the government's opposition. Further, the Court sets a hearing on the Petition for May 28, 2026 at 9:30 AM in Courtroom 4C. All parties may appear by videoconference for the hearing. The courtroom deputy will provide the videoconference information ahead of the hearing, which will proceed unless the Court issues a written decision on the merits ahead of the hearing date. Parties are directed to check the docket at 5:00 PM the day before the hearing. Signed by Judge Jinsook Ohta on 5/13/2026. (mk) (Entered: 05/13/2026)

May 13, 2026

Minute Order (No Time)

#3

May 20, 2026

NOTICE of Appearance and Substitution of Counsel by Michael Damon Wallace on behalf of Jeremy Casey, W. Cuevas (Wallace, Michael)Attorney Michael Damon Wallace added to party Jeremy Casey(pty:res), Attorney Michael Damon Wallace added to party W. Cuevas(pty:res) (jpp). (Entered: 05/20/2026)

#4

May 20, 2026

RETURN to Petition for Writ of H/C by Jeremy Casey, W. Cuevas. (Attachments: # 1 Exhibit 1-7)(Wallace, Michael) (jpp). (Entered: 05/20/2026)

#5

May 20, 2026

CERTIFICATE OF SERVICE by Jeremy Casey, W. Cuevas re 3 Notice of Appearance, (Wallace, Michael) (Entered: 05/20/2026)

#6

May 26, 2026

Minute Order by Judge Jinsook Ohta: The Court takes the habeas petition under submission and vacates the hearing scheduled for May 28, 2026. Respondents are ORDERED to file a status report on June 22, 2026 stating (1) the current status of Petitioner's removal proceedings; and (2) the reasons for the alleged delays requested by Petitioner throughout the course of those proceedings. Signed by Judge Jinsook Ohta on 5/26/2026. (mk) (Entered: 05/26/2026)

May 26, 2026

Minute Order (No Time)

#7

Jun 11, 2026

Letter requesting pardon from Yohanna Berenice Acosta (Attachments: # 1 Exhibits) (ggv) (Entered: 06/15/2026)

#8

Jun 22, 2026

STATUS REPORT by Jeremy Casey, W. Cuevas. (Wallace, Michael) (rxc). (Entered: 06/22/2026)

#9

Jun 23, 2026

CERTIFICATE OF SERVICE by Jeremy Casey, W. Cuevas re 8 Status Report (Wallace, Michael) (rxc). (Entered: 06/23/2026)

#10

Jul 10, 2026

Minute Order by Judge Jinsook Ohta: The Court orders Respondents to file supplemental briefing by July 17, 2026 identifying and addressing any individualized concerns regarding Petitioner's danger to the community or flight risk, including the factual basis for any such concerns. Petitioner may file an optional reply by July 21, 2026. Signed by Judge Jinsook Ohta on 7/10/2026. (mk) (Entered: 07/10/2026)

Jul 10, 2026

Minute Order (No Time)

#11

Jul 16, 2026

SUPPLEMENTAL BRIEFING by Respondents Jeremy Casey, W. Cuevas . (Attachments: # 1 Exhibit)(Wallace, Michael) (rxc). (Entered: 07/16/2026)

#12

Jul 20, 2026

Letter to Judge from Yohanna Berenice Acosta (Attachments: # 1 Exhibits) (ggv) (Entered: 07/22/2026)

#13

Aug 06, 2026

Minute Order by Judge Jinsook Ohta: Yohanna Berenice Acosta filed a petition for writ of habeas corpus challenging her prolonged detention without a bond hearing as a violation of the Fifth Amendment Due Process Clause. Dkt. 1. For the reasons stated below, the Court DENIES the habeas petition without prejudice. 1. On October 7, 2025, Petitioner entered the United States and was placed into expedited removal proceedings under 8 U.S.C. § 1225(b)(1). Dkt. 4 at 2. On December 19, 2025, Immigration and Customs Enforcement officials took her into custody pending her removal proceedings. Id. Meanwhile, Petitioner has remained in immigration custody for almost eight months.2. For the reasons stated in Esquivel Pacheco v. LaRose, 818 F. Supp. 3d 1168, 1174-75 (S.D. Cal. 2026), the Court finds that 8 U.S.C. §§ 1252(g), (a)(5), and (b)(9) do not bar Petitioner's collateral challenge to the constitutionality and legality of her current detention. 3. For the reasons stated in Faizi v. Larose, No. 25-CV-02974-JO-MSB, 2026 WL 1112035, *3-*5 (S.D. Cal. Apr. 24, 2026), the Court examines whether, notwithstanding statutory authorization, Petitioner's prolonged detention without a bond hearing violates the Due Process Clause. As explained in Faizi, the Court considers the likely duration of detention---both elapsed and anticipated---and whether Petitioner's removal proceedings have been delayed through no fault of her own. See id. Here, although Petitioner has been detained for almost eight months, she requested ten continuances between January 12, 2026 to June 17, 2026 to obtain counsel and allow time for her or her counsel to prepare the case. Dkt. 4-1 at 34-44. As a result, a substantial portion of Petitioner's detention appears to be attributable to her own requests for continuances, rather than to the government. Given both the length of Petitioner's detention and the delays attributable to her, the Court finds that her detention has not yet become unconstitutionally prolonged in violation of the Fifth Amendment's Due Process Clause. Therefore, the Court DISMISSES the petition without prejudice to Petitioner filing another petition at a later date if she remains in detention. Signed by Judge Jinsook Ohta on 8/6/2026. (mk)(All non-registered users served via U.S. Mail Service)(gsw) (Entered: 08/06/2026)

Aug 06, 2026

Minute Order (No Time)

#14

Aug 13, 2026

Judgment - Clerk