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

#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)

#2

Jun 24, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Gerardo Antonio Santiesteban Duran. (Deputy Clerk AKP) (Entered: 06/25/2026)

#3

Jun 25, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/25/2026)

#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)

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

SERVICE BY MAIL: 5 Minute Order served on Gerardo Antonio Santiesteban Duran. (Deputy Clerk JRW)

Jun 26, 2026

Minute Order

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)

#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

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 08, 2026

Service by Mail

Jul 08, 2026

SERVICE BY MAIL: 7 Minute Order served on Gerardo Antonio Santiesteban Duran. (Deputy Clerk GJM)

#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

MOTION (Ex Parte Application) by Gerardo Antonio Santiesteban Duran for Authorization to Obtain the Services of an Immigration Expert pursuant to 18 U.S.C. § 3006A(e). (Attachments: # 1 Declaration of Jason O. Sias, # 2 Exhibit A, # 3 Proposed Order)(Sias, Jason) Modified on 7/28/2026 (KLY). (Entered: 07/26/2026)

#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

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Gerardo Antonio Santiesteban Duran. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Sias, Jason) (Entered: 08/04/2026)

#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. Attorney Gabriel Andres Soto-Perez added for All Respondents. Attorney Nisreen Fakhouri Assaf terminated. (Soto-Perez, Gabriel) Modified on 8/17/2026 (KS). (Entered: 08/07/2026)

#16

Aug 20, 2026

TRAVERSE; NOTICE of NON-OPPOSITION; and REQUEST for SUMMARY DISPOSITION by Gerardo Antonio Santiesteban Duran. (Sias, Jason) Modified on 8/21/2026 (HAH). (Entered: 08/20/2026)

#17

Aug 20, 2026

OPPOSITION to 13 Amended Petition for Writ of Habeas Corpus by Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Soto-Perez, Gabriel) Modified on 8/21/2026 (HAH). (Entered: 08/20/2026)

#18

Sep 28, 2026

FINDINGS and RECOMMENDATIONS (Text Only): Petitioner is proceeding with an 13 First Amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging ICE detention. Petitioner has been in ICE custody since 2/10/2026, and, as argued by Respondents, mandatory detention was appropriate at that time under 8 U.S.C. § 1226(c)(1)(B) as a result of Petitioner's no contest plea in Florida to possession of cocaine. Petitioner's detention now exceeds six months with no foreseeable end in sight given that Petitioner is not subject to a final order of removal and no indication if or when such order will issue. Accordingly, the facts of this case are not distinguishable from the facts in Miranda Escalona v. Warden, No. 1:26-cv-4937 DAD CKD P, 2026 WL 2455245 (E.D. Cal. Aug. 20, 2026) where the court found that six months detention, with a termination to removal proceedings not appearing to be imminent, required, in order to satisfy the Due Process Clause of the Fifth Amendment, that the Executive Office of Immigration Review provide petitioner with a Constitutionally adequate bond hearing the result of which would be release unless the government can show by clear and convincing evidence that petitioner is either a danger to the community, or presents an unacceptable flight risk. Good cause appearing, that result will be the recommendation here. Therefore, IT IS HEREBY RECOMMENDED that: (1)Petitioner's 13 First Amended Petition for a Writ of Habeas Corpus be GRANTED; (2) the Executive Office of Immigration Review be ordered to, within 7 (seven) days, provide Petitioner with a Constitutionally adequate bond hearing the result of which would be release unless the government can show by clear and convincing evidence that Petitioner is either a danger to the community, or presents and unacceptable flight risk; and (3) this case be CLOSED. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 7 (seven) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within 7 (seven) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Petitioner A No. 067 985 636. (Deputy Clerk LMK) (Entered: 09/28/2026)

Sep 28, 2026

Findings and Recommendations

#19

Oct 04, 2026

OBJECTIONS to FINDINGS and RECOMMENDATIONS 18 by Respondents Moises Becerra, Todd Blanche, Christopher Chestnut, Markwayne Mullin, David Venturella, Warden, California City Detention Center. (Soto-Perez, Gabriel) (Entered: 10/04/2026)

#20

Oct 06, 2026

RESPONSE by Gerardo Antonio Santiesteban Duran to 19 Objections to Findings and Recommendations, 18 Findings and Recommendations (Motion),,,,,,,,,,. (Sias, Jason) (Entered: 10/06/2026)

#21

Oct 07, 2026

ORDER signed by District Judge Daniel J. Calabretta on 10/7/2026 ADOPTING {18} Findings and Recommendations in Full and GRANTING Petitioner's 13 First Amended Petition for a Writ of Habeas Corpus. It is DIRECTED that the Executive Office of Immigration Review within 7 days of this order, provide Petitioner with a Constitutionally adequate bond hearing the result of which would be release unless the government can show by clear and convincing evidence that Petitioner is either a danger to the community, or presents an unacceptable flight risk. CASE CLOSED. (Deputy Clerk AMW) (Entered: 10/07/2026)

#22

Oct 07, 2026

JUDGMENT dated *10/7/2026* pursuant to order signed by District Judge Daniel J. Calabretta on 10/7/2026. (Deputy Clerk AMW) (Entered: 10/07/2026)