Eastern District of California • 1:26-cv-04985
(HC) Cruz Aguirre v. Warden, Central Valley Annex Detention Facility
Active
Case Information
Filed: June 29, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 10, 2026
Parties:
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Docket Entries
#1
Jun 29, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Eustaquio Cruz Aguirre. (Deputy Clerk DAR) (Entered: 06/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 29, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Eustaquio Cruz Aguirre. (Deputy Clerk DAR) (Entered: 06/30/2026)
Main Document:
In Forma Pauperis
#3
Jun 29, 2026
MOTION to APPOINT COUNSEL by Eustaquio Cruz Aguirre. (Deputy Clerk DAR) (Entered: 06/30/2026)
Main Document:
Appoint Counsel
#4
Jun 30, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 06/30/2026)
Main Document:
Immigration New Case Documents
#5
Jun 30, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex Detention Facility (Yu, Jonathan) (Entered: 06/30/2026)
Main Document:
DESIGNATION
Jun 30, 2026
Service by Mail
Jun 30, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Eustaquio Cruz Aguirre. (Deputy Clerk DAR)
#6
Jul 02, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 7/1/2026 GRANTING 2 Motion to Proceed IFP. Respondents are DIRECTED to file an answer or motion to dismiss within 7 days from the date of this order. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk HAH) (Entered: 07/02/2026)
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
Jul 02, 2026
Service by Mail
Jul 02, 2026
SERVICE BY MAIL: 6 Order served on Eustaquio Cruz Aguirre. (Deputy Clerk HAH)
#7
Jul 09, 2026
MOTION to DISMISS 1 Petition for Writ of Habeas Corpus and RESPONSE to 6 Order to Respond by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Yu, Jonathan) Modified on 7/14/2026 (KS). (Entered: 07/09/2026)
Main Document:
MOTION
#8
Aug 17, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 8/17/2026: In Respondent's consolidated motion to dismiss and answer to the petition, the government contends that petitioner is detained pursuant to 8 U.S.C. 1226(c) and attaches petitioner's rap sheet (See ECF No. 7 ). Respondent does not, however, identify the controlled substance underlying petitioner's 2026 conviction for possession of a controlled substance. (ECF No. 9.) Thus, this Court is unable to determine whether petitioner's 2026 conviction "relate[s] to a controlled substance" under the Controlled Substances Act. Within seven days from the date of this order, Respondent is ordered to submit a supplemental brief limited to five pages and documents addressing its 8 U.S.C. 1226(c) argument. Respondent is warned that the failure to timely respond will be interpreted as a concession that the underlying 2026 conviction is not based on a "controlled substance" under the Controlled Substances Act. (TEXT ONLY ENTRY) (Deputy Clerk AW) (Entered: 08/17/2026)
Aug 17, 2026
Service by Mail
Aug 17, 2026
SERVICE BY MAIL: 8 Minute Order served on Eustaquio Cruz Aguirre. (Deputy Clerk AW)
Aug 17, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#9
Aug 24, 2026
SUPPLEMENTAL BRIEF and NOTICE of Mootness by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1) (Yu, Jonathan) Modified on 8/27/2026 (KS). (Entered: 08/24/2026)
Main Document:
SUPPLEMENTAL
#10
Aug 25, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 8/25/2026. Respondent recently filed a response indicating that petitioner is no longer in immigration custody as he was removed from the U.S. on or about August 1, 2026. (ECF No. 9.) Respondent asks the Court to excuse respondent from producing petitioner's underlying controlled substance documents and dismiss this case as moot. Petitioner may file a supplemental brief addressing respondent's request within 14 days of this order. Respondent is relieved from complying with the August 17, 2026 order (ECF No. 8). (Text Only Entry) (Deputy Clerk AW) (Entered: 08/25/2026)
Aug 25, 2026
SERVICE BY MAIL: 10 Minute Order served on Eustaquio Cruz Aguirre. (Deputy Clerk AW)
Aug 25, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 25, 2026
Service by Mail
Aug 25, 2026
MAIL RETURNED as Undeliverable–released; unable to forward: 8 Minute Order sent to Eustaquio Cruz Aguirre 201-445-514. Notice of Change of Address due by 10/2/2026. (Deputy Clerk GJM)
Sep 08, 2026
MAIL RETURNED as Undeliverable, Insufficient Address, Unable to Forward: 10 Minute Order, sent to Eustaquio Cruz Aguirre. Notice of Change of Address due by 10/16/2026. (Deputy Clerk VAS)
#11
Sep 10, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 9/10/2026 RECOMMENDING that The petition for a writ of habeas corpus 1 be dismissed as moot. The Clerk of the Court be directed to enter judgment and close this case. These Findings and Recommendations are submitted to U.S. District Judge Dale A. Drozd; Objections to these F&Rs due within fourteen days. (Deputy Clerk LMS) (Entered: 09/10/2026)
Sep 10, 2026
Service by Mail
Sep 10, 2026
SERVICE BY MAIL: 11 Findings and Recommendations (Motion), served on Eustaquio Cruz Aguirre. (Deputy Clerk LMS)
Parties
(HC) Cruz Aguirre
Party
Warden, Central Valley Annex Detention Facility
Party