Southern District of California • 3:26-cv-02983

#1

May 12, 2026

Petition for Writ of Habeas Corpus against Director of U.S. Immigration and Customs Enforcement (ICE), Director, Otay Mesa Detention Center, Secretary of the Department of Homeland Security (Filing fee $ 5, Fee Not Paid, IFP Filed.), filed by Nestor Jesus Moreira Ostaiza. (Attachments: # 1 Civil Cover Sheet, # 2 Letter of Support, # 3 Exhbits, # 4 Proof of Service)The new case number is 3:26-cv-2983-BJC-JLB. Judge Benjamin J. Cheeks and Magistrate Judge Jill L. Burkhardt are assigned to the case.(ggv) (Entered: 05/15/2026)

#2

May 12, 2026

MOTION for Leave to Proceed in forma pauperis by Nestor Jesus Moreira Ostaiza. (ggv) (Entered: 05/15/2026)

#3

May 18, 2026

Notice of Related Case

#4

May 18, 2026

Notice of Appearance

#5

May 20, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#6

May 27, 2026

Order Setting Briefing Schedule - Habeas Corpus

#7

May 28, 2026

Notice of Appearance

#8

Jun 08, 2026

Amended Petition for Writ of Habeas Corpus

#9

Jun 15, 2026

Return to Petition for Writ of H/C

#10

Jun 15, 2026

Traverse to Petition for Writ of H/C

#11

Jun 16, 2026

MINUTE ORDER BY District Judge Benjamin J. Cheeks: On June 8, 2026, Nestor Jesus Moreira Ostraiza, a citizen of Ecuador, filed an Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 8. Respondents do not oppose the petition and defers to the Court on the appropriate relief. ECF No. 9 at 2. Accordingly, the Court GRANTS the petition for a writ of habeas corpus. Respondents shall immediately release Petitioner under the previously determined conditions. Respondents are enjoined from re-detaining Petitioner without complying with 8 C.F.R. § 212.5 and due process. The Clerk of Court shall close this matter.(no document attached) (tv) (Entered: 06/16/2026)

#12

Jun 16, 2026

Judgment - Clerk

Jun 16, 2026

Order