Eastern District of California • 1:26-cv-03992

#1

May 26, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex by Franklin Balmore Rivera Henriquez. (Deputy Clerk LJB) (Entered: 05/27/2026)

#2

May 26, 2026

MOTION to APPOINT COUNSEL by Franklin Balmore Rivera Henriquez. (Deputy Clerk LJB) (Entered: 05/27/2026)

#3

May 26, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Franklin Balmore Rivera Henriquez. (Deputy Clerk LJB) (Entered: 05/27/2026)

#4

May 27, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk LJB) (Entered: 05/27/2026)

May 27, 2026

Service by Mail

May 27, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Franklin Balmore Rivera Henriquez. (Deputy Clerk LJB)

#5

May 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden of the Golden State Annex (Davis, Sean) (Entered: 05/28/2026)

#6

May 28, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 5/28/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 14 days. Petitioner may file a reply within 7 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. 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. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 05/28/2026)

May 28, 2026

Service by Mail

May 28, 2026

SERVICE BY MAIL: 6 Minute Order served on Franklin Balmore Rivera Henriquez. (Deputy Clerk SH)

#8

Jun 17, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 6/16/2026 GRANTING 3 Motion to Proceed IFP, DENYING as MOOT 2 Motion to Appoint Counsel, and RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release Petitioner; that, at the time of release, Respondent be required to return all of Petitioner's documents and possessions; that, if the government seeks to re-detain Petitioner, it must provide no less than 7 days notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that petitioner is a flight risk or danger to the community such that his re- detention is warranted; that the Clerk be directed to serve the Golden State Annex with any order of release issued in this case; that the final order entered in this case not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; and that the Clerk of Court be directed to enter judgment for Petitioner and to close this case. Referred to District Judge Dale A. Drozd. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk HAH)

Jun 17, 2026

Service by Mail

#9

Jun 19, 2026

Objections to Findings and Recommendations

#10

Jun 22, 2026

ORDER signed by District Judge Dale A. Drozd on 06/22/2026 ADOPTING the 8 Findings and Recommendations IN FULL and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner Frankli n Balmore Rivera Henriquez, A# 249-227-563, from Respondents' custody and to return Petitioner's property. Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner for any purpose, absent exigent circumstances, without providing Petitioner no less than 7 days notice and a pre-detention hearing before an immigration judge where Respondents will have the burden of establishing that Petitioner is either a danger or flight risk by clear and convincing evidence. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KS)

#11

Jun 22, 2026

Judgment

Jun 22, 2026

Service by Mail

#12

Jun 23, 2026

Amend the Judgment