Eastern District of California • 1:25-cv-01694

(HC) Kanoute v. Warden of the Golden State Annex Detention Facility

Completed

Case Information

Filed: December 01, 2025
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 17, 2026
Last Activity: August 19, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 01, 2025
(2241) PETITION for WRIT of HABEAS CORPUS against All Respondents by Thierno Kanoute. (Deputy Clerk AML) (Entered: 12/02/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 01, 2025
MOTION to PROCEED IN FORMA PAUPERIS by Thierno Kanoute. (Deputy Clerk AML) (Entered: 12/02/2025)
Main Document: In Forma Pauperis
#3
Dec 01, 2025
MOTION to APPOINT COUNSEL by Thierno Kanoute. (Deputy Clerk AML) (Entered: 12/02/2025)
Main Document: Appoint Counsel
#4
Dec 02, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due by 1/5/2026. (Attachments: # 1 Order re Consent) (Deputy Clerk AML) (Entered: 12/02/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
Dec 02, 2025
Service by Mail
Dec 02, 2025
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Thierno Kanoute. (Deputy Clerk AML)
#5
Dec 04, 2025
ORDER signed by Magistrate Judge Dennis M. Cota on 12/4/2025 DENYING petitioner's 2 motion to proceed ifp without prejudice and DIRECTING respondent to file an answer/return to the § 2241 petition within 14 days. Within 30 days, petitioner shall file an application to proceed ifp or pay the $5.00 filing fee. The Clerk shall send petitioner an application to proceed ifp for a non-prisoner and serve a copy of this order with a copy of the § 2241 petition on the United States Attorney. Respondent SHALL NOT TRANSFER petitioner to another detention center outside of this judicial district, pending further order of the court. (Deputy Clerk KLY) (Entered: 12/04/2025)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis
#6
Dec 04, 2025
DOCUMENT(S) SERVED ELECTRONICALLY: Copy of 2241 Petition served on U.S. Attorney - 2241 Unit pursuant to 5 Order Directing Respondent to File a Response to the Petition. (Deputy Clerk KLY) (Entered: 12/04/2025)
Main Document: DOCUMENT(S)
Dec 04, 2025
Service by Mail
Dec 04, 2025
SERVICE BY MAIL: 5 Order with non-prisoner ifp application served on Thierno Kanoute. (Deputy Clerk KLY)
#7
Dec 08, 2025
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Raymundo Alexander Cardenas, GOVT for Pamela Bondi,Raymundo Alexander Cardenas, GOVT for Todd M. Lyons,Raymundo Alexander Cardenas, GOVT for Kristi Noem,Raymundo Alexander Cardenas, GOVT for Warden of the Golden State Annex Detention Facility (Cardenas, Raymundo) (Entered: 12/08/2025)
Main Document: DESIGNATION
#8
Dec 08, 2025
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Cardenas, Raymundo) (Entered: 12/08/2025)
Main Document: CONSENT/DECLINE
#9
Dec 12, 2025
ORDER signed by Magistrate Judge Dennis M. Cota on 12/12/2025 GRANTING 3 Motion to Appoint Counsel. Within 7 days of this order, appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to jpalmer@caed.uscourts.gov or, if counsel is not a member of the Eastern District of California Criminal Justice Act Panel, the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. (cc: Federal Defender Habeas Appointment) (Deputy Clerk HAH) (Entered: 12/12/2025)
Main Document: Order AND Order on Motion to Appoint Counsel
Dec 12, 2025
Service by Mail
Dec 12, 2025
SERVICE BY MAIL: 9 Order served on Thierno Kanoute. (Deputy Clerk HAH)
#10
Dec 15, 2025
MINUTE ORDER signed by Magistrate Judge Dennis M. Cota on 12/15/2025: (Text Only Entry), The court has been notified by the Office of the Federal Defender that counsel has not yet been identified and is requesting an extension of time for appointment of counsel. The request of the Office of the Federal Defender is GRANTED until 1/6/2026 for appointment of counsel. All pending deadlines in this action, are VACATED. New counsel for Petitioner shall meet and confer with opposing counsel on a briefing schedule and jointly file that schedule with the court within seven (7) days of appointment. The Clerk of the Court shall serve a copy of the § 2241 petition on the Federal Defender, Attention: Habeas Appointment. (Deputy Clerk JLP) (Entered: 12/15/2025)
#11
Dec 15, 2025
MOTION to PROCEED IN FORMA PAUPERIS by Thierno Kanoute. (Deputy Clerk OML) (Entered: 12/18/2025)
Main Document: In Forma Pauperis
Dec 15, 2025
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - 1 Terminate Deadlines and Hearings
Dec 15, 2025
SERVICE BY MAIL: 10 Minute Order, Set/Reset Deadlines and Hearings, Terminate Deadlines and Hearings, served on Thierno Kanoute. (Deputy Clerk JLP)
Dec 15, 2025
Service by Mail
#12
Dec 22, 2025
ORDER signed by Magistrate Judge Dennis M. Cota on 12/22/2025 GRANTING petitioner's 11 application to proceed ifp. (Deputy Clerk KLY) (Entered: 12/22/2025)
Main Document: Order on Motion to Proceed In Forma Pauperis
Dec 22, 2025
Service by Mail
Dec 22, 2025
SERVICE BY MAIL: 12 Order on Motion served on Thierno Kanoute. (Deputy Clerk KLY)
#13
Dec 31, 2025
NOTICE of APPEARANCE by Roger H. Ponce on behalf of Thierno Kanoute. Attorney Ponce, Roger H. added. (Ponce, Roger) (Entered: 12/31/2025)
Main Document: Notice of Appearance
#14
Jan 06, 2026
MINUTE ORDER signed by Magistrate Judge Dennis M. Cota on 01/06/26: Upon notice of appearance, ECF No 13, the Federal Defender's request to withdraw as counsel for Petitioner and to substitute Roger H. Ponce, Esq., is granted. Pursuant to Local Rule 180(b), Attorney Ponce is hereby appointed as CJA counsel for Petitioner for the duration of the proceedings in this court, nunc pro tunc to December 30, 2025. The Clerk of Court shall update the docket to terminate the Federal Defender and to substitute Attorney Roger H. Ponce, Ponce Law Group, 1424 17th St. Bakersfield, CA 93301, 661-888-2003, roger@rogerponcelaw.com, as counsel for Petitioner in this matter. Additionally, the Clerk of the Court shall serve a copy of this order together with a copy of Petitioners application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney (usacae.ecf2241@usdoj.gov) and Federal Defender, Attention: Habeas Appointment (CAE_Appointments_Habeas@fd.org). Counsel for the parties are hereby directed to meet and confer and to submit a proposed briefing schedule on the habeas petition by January 14, 2026. (Text Only Entry). (Deputy Clerk JLP) (Entered: 01/06/2026)
#15
Jan 06, 2026
STATUS REPORT by Thierno Kanoute re Minute Order, ECF No. 10. (Ponce, Roger) Modified on 1/7/2026 (KLY). (Entered: 01/06/2026)
Main Document: STATUS
Jan 06, 2026
Minute Order
#16
Jan 09, 2026
ORDER signed by Magistrate Judge Dennis M. Cota on 1/8/2026, in light of parties desire to review the relevant documents to provide the Court with a reasonable briefing schedule for this action, the Court is ORDERING such documents be produced on or before 1/17/2026, and a proposed briefing schedule be filed within seven days of the date of production of those documents. (Deputy Clerk KLY) (Entered: 01/09/2026)
Main Document: Order
#17
Feb 04, 2026
ORDER signed by Magistrate Judge Dennis M. Cota on 02/03/26 DIRECTING Respondent to file an answer/return within 14 days from the date of this order. Petitioner's reply/traverse, if any, is due within 7 days after being served a copy of Respondent's answer/return. (Deputy Clerk VLC) (Entered: 02/04/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#18
Feb 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Campbell, GOVT for Respondents attorney Raymundo Alexander Cardenas, GOVT terminated (Campbell, Charles) Modified on 4/3/2026 (AJB). (Entered: 02/18/2026)
Main Document: DESIGNATION
#19
Feb 18, 2026
MOTION TO DISMISS and Response to the Petition by Respondents . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Campbell, Charles) Modified on 2/19/2026 (KLY). (Entered: 02/18/2026)
Main Document: Dismiss
#20
Feb 25, 2026
REPLY by Thierno Kanoute re 19 Motion to Dismiss. (Ponce, Roger) (Entered: 02/25/2026)
Main Document: REPLY
#21
Apr 03, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 03/31/26 RECOMMENDING that the 1 Petition for writ of habeas corpus be granted as to Petitioner's claim that removal to a third country without certain procedural protections would violate Petitioner's due process rights, and denied as to Petitioner's first claim for relief, that Petitioner's detention is unlawful under Zadvydas; that Respondents be enjoined from removing Petitioner via a third-country deportation to any country, without providing him and his counsel notice and opportunity to assert a fear-based claim for relief from removal: A minimum of 10 days to raise a fear-based claim for relief from removal to the identified country; and that if Petitioner does assert a fear-based claim for relief from removal, Petitioner may not be removed to the third country without first providing him an opportunity to be heard before an immigration judge. Referred to Judge Troy L. Nunley; Objections to these F&Rs due within 7 days. (Deputy Clerk AJB) (Entered: 04/03/2026)
Main Document: Findings and Recommendations
#22
Apr 17, 2026
OBJECTIONS to 21 Findings and Recommendations by Petitioner Thierno Kanoute. (Ponce, Roger) (Entered: 04/17/2026)
Main Document: Objections to Findings and Recommendations
#23
Jul 17, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 07/16/26 DECLINING to adopt the 21 Findings and Recommendations and GRANTING 1 Petition for Writ of Habeas Corpus. Respondents are ENJOINED AND RESTRAINED from continuing to detain Petitioner Thierno Kanoute (A # 088-976-575) for more than 7 days from the date of this Order (unless Petitioner seeks additional time to prepare) without a bond hearing before a neutral factfinder at which the government bears the burden to justify Petitioner's ongoing detention and where Petitioner shall be allowed to have counsel present. If the government fails to meet its burden, Respondents must immediately release Petitioner; Respondents may impose any restrictions or conditions determined to be necessary by the factfinder. Within 2 court days from the date of the bond hearing, Respondents must file a notice of compliance with this Court's Order confirming that the hearing occurred, the date of the hearing, the outcome of the hearing, and Petitioner's custody status. If Petitioner is released, Respondents are further enjoined and restrained from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including 7-days' notice and a pre-deprivation hearing before a neutral factfinder where the government bears the burden to show that material changed circumstances and where Petitioner shall be allowed to have counsel present. Clerk to enter judgment in favor of Petitioner and close case. CASE CLOSED. (Deputy Clerk AJB) (Entered: 07/17/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#24
Jul 17, 2026
JUDGMENT dated *07/17/26* pursuant to order signed by Chief District Judge Troy L. Nunley on 07/16/26. (Deputy Clerk AJB) (Entered: 07/17/2026)
Main Document: Judgment
#25
Aug 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 4, 2026: On July 17, 2026, the Court granted Petitioner's habeas petition and ordered Respondents enjoined and restrained from continuing to detain Petitioner for more than 7 days without a bond hearing. (ECF No. 23 .) Respondents were further ordered to file a notice of compliance within 2 days of the bond hearing. As no notice has been filed, Respondents are hereby ORDERED to file a status update on this matter by TOMORROW, August 5, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/04/2026)
#26
Aug 04, 2026
STATUS REPORT by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden of the Golden State Annex ICE Detention Facility. (Attachments: # 1 Exhibit, # 2 Exhibit)(Campbell, Charles) (Entered: 08/04/2026)
Main Document: STATUS
Aug 04, 2026
Minute Order
#28
Aug 06, 2026
MOTION to Enforce 24 Judgment by Thierno Kanoute. (Deputy Clerk RRB) (Entered: 08/17/2026)
Main Document: Miscellaneous Relief
#27
Aug 17, 2026
RELATED CASE ORDER signed by Chief District Judge Troy L. Nunley on 8/14/2026 RELATING cases 1:25-cv-1694-TLN-DMC and 1:26-cv-6243-TLN-DMC. (Deputy Clerk RRB) (Entered: 08/17/2026)
Main Document: Order
#29
Aug 17, 2026
RESPONSE by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden of the Golden State Annex ICE Detention Facility to 28 Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Campbell, Charles) (Entered: 08/17/2026)
Main Document: RESPONSE
#30
Aug 17, 2026
NOTICE Regarding Missing Bond-Hearing Record and REQUEST to Adjust the Reply Deadline by Thierno Kanoute re 29 Response. (Ponce, Roger) Modified on 8/18/2026 (KLY). (Entered: 08/17/2026)
Main Document: Extension of Time
#31
Aug 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 18, 2026: The Court has reviewed Petitioner's Notice and Request to Adjust Reply Deadline. (ECF No. 30 .) For good cause appearing, Petitioner's request is GRANTED. Respondents shall provide Petitioner and the Court with the complete transcript or digital audio recording of the July 28, 2026 bond hearing by August 24, 2026. Petitioner shall file a reply within six (6) court days following production of the complete bond hearing record. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/18/2026)
#32
Aug 18, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk VLC) (Entered: 08/19/2026)
Main Document: CONSENT/DECLINE
Aug 18, 2026
Minute Order AND Order on Motion for Extension of Time
#33
Aug 19, 2026
DIGITAL AUDIO RECORDING of Bond Hearing filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Warden of the Golden State Annex ICE Detention Facility. Date & Time 07/28/2026 09:00, Duration 00:20:49. File size [9.9 MB]. (Campbell, Charles) (Entered: 08/19/2026)
Main Document: DIGITAL