Eastern District of California • 1:26-cv-05011

(HC) Acevedo Garcia v. Warden, California City Correctional Center

Active

Case Information

Filed: June 29, 2026
Assigned to: Dale Alan Drozd
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: September 23, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 29, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Eduardo Acevedo Garcia. (Deputy Clerk DAR) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/01/2026)
Main Document: Immigration New Case Documents
#3
Jul 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Correctional Center (Assaf, Nisreen) (Entered: 07/01/2026)
Main Document: DESIGNATION
Jul 01, 2026
Service by Mail
Jul 01, 2026
RECEIPT number 100008640 $5.00 paid on 07/01/2026 by Cal City Immigration Processing. (Deputy Clerk CM)
Jul 01, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Eduardo Acevedo Garcia. (Deputy Clerk DAR)
#4
Jul 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/7/2026: Petitioner (A No. 207 306 728) has filed a 1 Petition for Writ of Habeas Corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within 14 (fourteen) 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 to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@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 ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Entered: 07/07/2026)
Jul 07, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 07, 2026
SERVICE BY MAIL: 4 Minute Order served on Eduardo Acevedo Garcia. (Deputy Clerk LMK)
Jul 07, 2026
Service by Mail
#5
Jul 20, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/20/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 4. Attorney Matthew T. Hidayat is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Matthew T. Hidayat, 801 1st Street Suite B Benicia, CA 94510, 916-216-7460, mhidayat@benhlaw.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment)(Text Only Entry) (Deputy Clerk JRM) (Entered: 07/20/2026)
Jul 20, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#6
Jul 21, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/21/2026: 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. Also, within 14 (fourteen) days, Petitioner shall either pay the $5.00 filing fee or submit an Application to Proceed In Forma Pauperis. Petitioner A No. 207 306 728. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#7
Aug 04, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Eduardo Acevedo Garcia.(Hidayat, Matthew) (Entered: 08/04/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#8
Aug 07, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Gabriel Andres Soto-Perez added for Warden, California City Correctional Center. Attorney Nisreen Fakhouri Assaf terminated. (Soto-Perez, Gabriel) (Entered: 08/07/2026)
Main Document: DESIGNATION
#9
Aug 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/19/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 7 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. 207 306 728. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/19/2026)
Aug 19, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
Sep 01, 2026
RESPONSE to 7 Amended Petition for Writ of Habeas Corpus by Warden, California City Correctional Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proof of Service)(Soto-Perez, Gabriel) Modified on 9/3/2026 (HAH). (Entered: 09/01/2026)
Main Document: RESPONSE
#12
Sep 17, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 09/17/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; The Executive Office of the Immigration Review be ordered to commence a bond hearing within 14 days where the government must show by clear and convincing evidence that Petitioner is either a danger to the community of presents an unacceptable risk of fight for detention to continue; Petitioner be permitted to have couns el present at the hearing and be given adequate time to prepare; and that Respondents be ordered to file a certification that the ordered hearing has occurred and the result thereof within 7 days of completion of the hearing. Referred to Judge Dale A. Drozd. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS)
Main Document: Findings and Recommendations
#13
Sep 23, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations

Parties

Acevedo Garcia
Party
Warden, California City Correctional Center
Party