Eastern District of California • 1:26-cv-04854

(HC) Santiesteban Duran v. Warden, California City Detention Center

Active

Case Information

Filed: June 24, 2026
Assigned to: Daniel J. Calabretta
Referred to: Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 24, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Gerardo Antonio Santiesteban Duran. (Deputy Clerk AKP) (Entered: 06/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 24, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Antonio Santiesteban Duran. (Deputy Clerk AKP) (Entered: 06/25/2026)
Main Document: In Forma Pauperis
#3
Jun 25, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/25/2026)
Main Document: Immigration New Case Documents
#4
Jun 25, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Detention Center (Assaf, Nisreen) (Entered: 06/25/2026)
Main Document: DESIGNATION
Jun 25, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Gerardo Antonio Santiesteban Duran. (Deputy Clerk AKP)
Jun 25, 2026
Service by Mail
#5
Jun 26, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/26/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in Count 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ordered to show cause on or before July 1, 2026, as to why the Court should not grant a writ of habeas corpus as to Count 2 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents should identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk JRW) (Entered: 06/26/2026)
Jun 26, 2026
Minute Order
Jun 26, 2026
SERVICE BY MAIL: 5 Minute Order served on Gerardo Antonio Santiesteban Duran. (Deputy Clerk JRW)
Jun 26, 2026
Service by Mail
#6
Jul 01, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Warden, California City Detention Center. (Attachments: # 1 Exhibit 1 I213, # 2 Exhibit 2 NTA, # 3 Exhibit 3 RAP, # 4 Exhibit 4 Bond)(Assaf, Nisreen) Modified on 7/10/2026 (HAH). (Entered: 07/01/2026)
Main Document: RESPONSE
#7
Jul 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/8/2026: On June 24, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. (ECF No. 1 .) Based on the information in the Petition, the Court determined that it appeared Petitioner was entitled to relief and ordered a return pursuant to 8 U.S.C. § 2243. (ECF No. 5 .) Based on the information in the return, it is no longer clear that Petitioner is entitled to relief as required by 8 U.S.C. § 2243, as he may be subject to mandatory detention under 8 U.S.C. § 1226(c). (See ECF No. 6 .) However, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. This matter is REFERRED to the assigned Magistrate Judge for full briefing. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ENTRY] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 07/08/2026)
Jul 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Gerardo Antonio Santiesteban Duran. (Deputy Clerk GJM)
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 08, 2026
Service by Mail
#8
Jul 15, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/15/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 7. Attorney Jason O. Sias is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Jason O. Sias, Sias Law Inc., 1809 S Street, Suite 101-291, Sacramento, California 95811, (888) 958-5071, Jsias@siaslawinc.com as counsel for Petitioner in this matter, nunc pro tunc to 7/15/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 07/15/2026)
Jul 15, 2026
Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys
#9
Jul 21, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/21/2026: Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Petitioner is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 067 985 636. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Jul 26, 2026
Ex Parte Application
Main Document: Ex Parte Application
#11
Jul 31, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/31/2026: Petitioner's Request that his motion for authorization to obtain the service of an immigration expert be filed under seal is DENIED. In support of his request, Petitioner points to rules designed to protect a criminal defendant's Fifth Amendment rights. Petitioner does not have a right not to testify in this habeas action and it is his burden to establish a basis for relief. Petitioner A No. 067 985 636. (Text Only Entry). (Deputy Clerk JRM) (Entered: 07/31/2026)
Jul 31, 2026
Minute Order
#12
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/3/2026: Counsel for Petitioner seeks $3,000 for retention of an attorney-expert in immigration law. The court has reviewed the entire docket and finds that counsel has not provided good cause as to why additional counsel needs to be retained. While counsel for respondent confuses the issue in the 6 Response filed 7/1/2026, the issue of most importance appears be whether Petitioner's admission that he committed felony cocaine possession subjects Petitioner to mandatory detention under 8 U.S.C. § 1226(c)(1)(A) and 8 U.S.C. § 1182(a)(2). The court is not convinced that this issue cannot be competently addressed by Petitioner's counsel. Accordingly, Petitioner's 10 Motion for Authorization to Obtain the Services of an Immigration Expert is DENIED. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/03/2026)
Aug 03, 2026
Minute Order AND Order on Ex Parte Application
#13
Aug 04, 2026
Amended Petition for Writ of Habeas Corpus
Main Document: Amended Petition for Writ of Habeas Corpus
#14
Aug 05, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/5/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 13 Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the petition. Petitioner may file a reply within 14 (fourteen) days of service of the response. Petitioner A No. 067 985 636. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/05/2026)
Aug 05, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Moises Becerra,Gabriel Andres Soto-Perez for Todd Blanche,Gabriel Andres Soto-Perez for Christopher Chestnut,Gabriel Andres Soto-Perez for Markwayne Mullin,Gabriel Andres Soto-Perez for David Venturella,Gabriel Andres Soto-Perez for Warden, California City Detention Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document: DESIGNATION
#16
Aug 20, 2026
Traverse
Main Document: Traverse

Parties

(HC) Santiesteban Duran
Party
Warden, California City Detention Center
Party