Eastern District of California • 1:26-cv-05014

#1

Jun 29, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Center by Johnston Vargas-Lopez. (Deputy Clerk DAR) (Entered: 07/01/2026)

#2

Jul 01, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/01/2026)

#3

Jul 01, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Detention Center (Assaf, Nisreen) (Entered: 07/01/2026)

Jul 01, 2026

Service by Mail

Jul 01, 2026

RECEIPT number 100008642 $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 Johnston Vargas-Lopez. (Deputy Clerk DAR)

#4

Jul 02, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/2/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 7 days. Petitioner may file a reply within 3 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, Respondent 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: 07/02/2026)

Jul 02, 2026

SERVICE BY MAIL: 4 Minute Order served on Johnston Vargas-Lopez. (Deputy Clerk SH)

Jul 02, 2026

Service by Mail

#5

Jul 09, 2026

ANSWER (and Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to All Relief by Warden, California City Detention Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Assaf, Nisreen) Modified on 7/14/2026 (KS). (Entered: 07/09/2026)

#6

Jul 27, 2026

DECLARATION of Johnston Vargas-Lopez in support of 1 Petition for Writ of Habeas Corpus. (Deputy Clerk AJB) (Entered: 07/28/2026)

#7

Aug 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gabriel Andres Soto-Perez for Warden, California City Detention Center, attorney Nisreen Fakhouri Assaf terminated (Soto-Perez, Gabriel) (Entered: 08/07/2026)

#8

Aug 10, 2026

MOTION to CLARIFY INFORMATION by Johnston Vargas-Lopez. (Deputy Clerk OML) (Entered: 08/11/2026)

#9

Sep 04, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/4/2026: In light of the complexity of the legal issues involved in this case, the Court has determined that the interests of justice require the 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 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 to Shelly Her, Courtroom Deputy for Magistrate Judge Sean Riordan, via email at sher@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) nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. § 3006A and this District's CJA Plan, General Order 671, § 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. Petitioner shall file an amended petition within 14 days from the date counsel accepts the appointment and notifies the appointing authority. The amended petition must address, at minimum, the following: whether Petitioner has been served the Notice to Appear (Form I-862), whether Petitioner has appeared at or been scheduled for any proceedings before EOIR, and if not, how the absence of notice and/or hearing impacts the legality of detention; clarification of Petitioner's cancer diagnosis and treatment and to what extent, if any, it should factor into the Court's analysis; and whether a hearing pursuant to Matter of Joseph, 22 I&N Dec. 799 (BIA 1999) is the appropriate forum for Petitioner to contest the applicability of § 1226(c) detention. Respondent may file a return/answer to any amended petition within 7 days of the date such amended petition is filed. Petitioner may file a traverse/reply within 3 days of any return/answer. (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) Modified on 9/4/2026 (SH). (Entered: 09/04/2026)

Sep 04, 2026

RE-SERVICE BY MAIL: 9 Minute Order served on Johnston Vargas-Lopez. (Deputy Clerk SH)

Sep 04, 2026

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

Sep 04, 2026

Service by Mail

Sep 04, 2026

SERVICE BY MAIL: 9 Minute Order served on Johnston Vargas-Lopez. (Deputy Clerk SH)

#10

Sep 09, 2026

MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 9/9/2026: The court has been notified of counsel's contact information, pursuant to the Minute Order at ECF No. 9 . Attorney Benjamin F. Hall is hereby appointed nunc pro tunc to 9/9/2026 as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Benjamin F. Hall, Pacifica Law Group, APC, 801 1st St. Suite B, Benicia, CA 94510, 415-776-1633, bhall@benhlaw.com as counsel for petitioner in this matter. Appointed counsel is directed to review the briefing schedule in the undersigned's 9/4/2026, Minute Order (ECF No. 9 ). (cc: Federal Defender Habeas Appointment) (Deputy Clerk SH) (Entered: 09/09/2026)

Sep 09, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#11

Sep 15, 2026

Miscellaneous Relief

#12

Sep 23, 2026

Amended Petition for Writ of Habeas Corpus

#13

Oct 15, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/14/26 RECOMMENDING that the 12 First Amended Petition for Writ of Habeas Corpus be granted on Count One; Respondents be directed to immediately release Petitioner J ohnston Vargas-Lopez (A# 220-231-996) from custody. Respondent may place Petitioner on standard conditions of supervision; Respondents be enjoined and restrained from re-arresting or re-detaining Petitioner without providing Petitioner with notice and a pre-deprivation hearing before an immigration judge; 8 and 11 Motions to Clarify Information be denied as moot; Any final order in this action include language that it does not address the circumstances in which Respondents may detain Peti tioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; The Clerk of the Court be directed to serve a copy of this order on the California City Detention Facility; and the Clerk of the Court also be directed to enter judgment in favor of petitioner and to close this case. Referred to Judge Dale A. Drozd. Objections due within 3 days after being served with these Findings and Recommendations. (Deputy Clerk JAW)