Eastern District of California • 1:26-cv-05144

(HC) Desta v. Warden, Central Valley Annex Detention Facility

Completed

Case Information

Filed: July 06, 2026
Assigned to: Troy Lynne Nunley
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 04, 2026
Last Activity: August 04, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Amanuel Gebremedhin Desta. (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Amanuel Gebremedhin Desta. (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document: In Forma Pauperis
#3
Jul 06, 2026
MOTION to APPOINT COUNSEL by Amanuel Gebremedhin Desta. (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document: Appoint Counsel
#4
Jul 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document: Immigration New Case Documents
#5
Jul 08, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/8/2026: 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: 07/08/2026)
#6
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, Central Valley Annex Detention Facility (Davis, Sean) (Entered: 07/08/2026)
Main Document: DESIGNATION
Jul 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Amanuel Gebremedhin Desta. (Deputy Clerk DAR)
Jul 08, 2026
SERVICE BY MAIL: 5 Minute Order served on Amanuel Gebremedhin Desta. (Deputy Clerk MDK)
Jul 08, 2026
Minute Order
Jul 08, 2026
Service by Mail
#7
Jul 09, 2026
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
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 09, 2026
Service by Mail
#9
Jul 27, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 7/27/2026 DENYING 3 Motion to Appoint Counsel without prejudice and GRANTING 1 Petition for Writ of Habeas Corpus and RECOMMENDING Respondents be ordered to immed iately release petitioner Amanuel Gebremedhin Desta 240-745-520 and return all petitioner's documents and a copy of this order at the time of release. Respondents be ENJOINED AND RESTRAINED from re-detaining petitioner unless the government demo nstrates, by clear and convincing evidence at a pre-deprivation bond hearing before a neutral decisionmaker, that petitioner is a flight risk or danger to the community such that his physical custody is legally justified. It is FURTHER RECOMMENDED re spondents are directed to file within 7 days of the adoption of these findings and recommendations, a status report addressing petitioner's status and directing the court to enter judgment in favor of petitioner and close this case. Referred to Judge Troy L. Nunley. Objections to these Findings and Recommendations are due within 7 days. (Deputy Clerk AMW)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 27, 2026
Service by Mail
#10
Jul 31, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#11
Aug 04, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 8/4/2026 ADOPTING the 9 findings and recommendations in full and GRANTING the 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner A manuel G.D. (A# 240-745-520) and are ordered to provide Petitioner with a copy of the release order at or near the time of release. If Respondents have custody of Petitioner's documents and property (e.g., identification, passport, work permit , Social Security card, etc.), Respondents shall return those to Petitioner at the time of release. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance wi th statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate flight r isk. At any such hearing, Petitioner shall be allowed to have counsel present. Given Petitioner's pro se status, Respondents are DIRECTED to file a status report addressing Petitioner's detention status by 8/7/2026. The Clerk of Court is DIRECTED to serve this Order on the Central Valley Annex, enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk KLY) Modified on 8/4/2026 (KLY).
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations
#12
Aug 04, 2026
Judgment
Main Document: Judgment
Aug 04, 2026
Service by Mail

Parties

(HC) Desta
Party
Warden, Central Valley Annex Detention Facility
Party