Eastern District of California • 1:26-cv-05068

(HC) Zarate v. Warden, Mesa Verde Detention Facility

Completed

Case Information

Filed: July 01, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 01, 2026
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Menelao Zarate. (Deputy Clerk AKP) (Entered: 07/02/2026)
Main Document: Petition for Writ of Habeas Corpus
Jul 01, 2026
RECEIPT number 100008656 for $5.00 for Zarate. (Deputy Clerk AKP)
#2
Jul 02, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/02/2026)
Main Document: Immigration New Case Documents
#3
Jul 02, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on July 2, 2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 07/02/2026)
#4
Jul 02, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Mesa Verde Detention Facility (Andrews, Anthony) (Entered: 07/02/2026)
Main Document: DESIGNATION
Jul 02, 2026
Minute Order
Jul 02, 2026
SERVICE BY MAIL: 3 Minute Order served on Menelao Zarate. (Deputy Clerk MDK)
Jul 02, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Menelao Zarate. (Deputy Clerk AKP)
Jul 02, 2026
Service by Mail
#5
Jul 07, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/7/2026 DIRECTING respondent to file a response to the petition within 7 days. A response may be one of the following: A. An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. B. A motion to dismiss the petition. Within 7 days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. (Deputy Clerk KLY) (Entered: 07/07/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response
Jul 07, 2026
Service by Mail
Jul 07, 2026
SERVICE BY MAIL: 5 Order Directing Respondent to File a Response to the Petition served on Menelao Zarate. (Deputy Clerk KLY)
#6
Jul 14, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus; OPPOSITION to All Relief by Warden, Mesa Verde Detention Facility. (Andrews, Anthony) Modified on 7/15/2026 (KLY). (Entered: 07/14/2026)
Main Document: ANSWER
#7
Aug 27, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/27/2026 RECOMMENDING the 1 Petition for Writ of Habeas Corpus be granted and respondent be ordered to immediately release Petitioner Menelao Zarate 074-053-519 and judgment be entered and case closed. Referred to Judge Troy L. Nunley. Objections to the Findings and Recommendations within 3 days. (Deputy Clerk AMW) (Entered: 08/27/2026)
Main Document: Findings and Recommendations AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 27, 2026
SERVICE BY MAIL: 7 Findings and Recommendations served on Menelao Zarate. (Deputy Clerk AMW)
Aug 27, 2026
Service by Mail
#8
Aug 28, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 7 by Respondent Warden, Mesa Verde Detention Facility. (Andrews, Anthony) (Entered: 08/28/2026)
Main Document: Objections to Findings and Recommendations
#9
Sep 01, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 8/31/2026 ADOPTING 7 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Copus. Respondent is ordered to IMMEDIATELY RELEASE Petitioner Menelao Zarate 074-053-519 from custody. At the time of release, Respondent must return all of Petitioner's documents and possessions. Respondent shall file a notice of compliance with this provision of the Court's Order within 2 court days from the date of this Order. Respondent is ENJOINED from re-detaining Petitioner, absent compliance with statutory and constitutional protections. CASE CLOSED. (cc ICE Mesa Verde) (Deputy Clerk OML) (Entered: 09/01/2026)
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#10
Sep 01, 2026
JUDGMENT dated *9/1/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/31/2026 in favor of Petitioner. (Deputy Clerk OML) (Entered: 09/01/2026)
Main Document: Judgment
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 10 Judgment and 9 Order served on Menelao Zarate. (Deputy Clerk OML)
#11
Sep 02, 2026
NOTICE OF COMPLIANCE by Warden, Mesa Verde Detention Facility. (Andrews, Anthony) (Entered: 09/02/2026)
Main Document: Notice of Compliance

Parties

(HC) Zarate
Party
Warden, Mesa Verde Detention Facility
Party