Eastern District of California • 1:26-cv-05220
(HC) Herrera Arzate v. Warden, Golden State Annex Detention Facility
Completed
Case Information
Filed: July 06, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 12, 2026
Last Activity:
August 25, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 06, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Francisco Herrera Arzate. (Deputy Clerk DAR) (Entered: 07/08/2026)
#2
Jul 06, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Francisco Herrera Arzate. (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document:
In Forma Pauperis
#3
Jul 06, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Francisco Herrera Arzate. (Deputy Clerk DAR) (Entered: 07/08/2026)
#4
Jul 06, 2026
MOTION to APPOINT COUNSEL by Francisco Herrera Arzate. (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document:
Appoint Counsel
#5
Jul 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/08/2026)
Main Document:
Immigration New Case Documents
#6
Jul 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, Golden State Annex Detention Facility (Davis, Sean) (Entered: 07/08/2026)
Main Document:
DESIGNATION
#7
Jul 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/8/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). Liberally construed, the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 14, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/08/2026)
Jul 08, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 08, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Francisco Herrera Arzate. (Deputy Clerk DAR)
Jul 08, 2026
SERVICE BY MAIL: 7 Minute Order served on Francisco Herrera Arzate. (Deputy Clerk GJM)
Jul 08, 2026
Service by Mail
#8
Jul 14, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Warden, Golden State Annex Detention Facility. (Attachments: # 1 Proof of Service)(Davis, Sean) Modified on 7/20/2026 (HAH). (Entered: 07/14/2026)
Main Document:
RESPONSE
#9
Aug 12, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/12/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner FRANCISCO HERRERA ARZATE (A# 201-446-837) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve Golden State Annex with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–Golden State Annex) (Deputy Clerk GJM) (Entered: 08/12/2026)
#10
Aug 12, 2026
JUDGMENT dated *8/12/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/12/2026. (Deputy Clerk GJM) (Entered: 08/12/2026)
Main Document:
Judgment
Aug 12, 2026
Service by Mail
Aug 12, 2026
SERVICE BY MAIL: 9 Release Order, 10 Judgment served on Francisco Herrera Arzate. (Deputy Clerk GJM)
#11
Aug 13, 2026
STATUS REPORT by Warden, Golden State Annex Detention Facility. (Davis, Sean) (Entered: 08/13/2026)
Main Document:
STATUS
Aug 25, 2026
MAIL RETURNED as Undeliverable–not deliverable as addressed; unable to forward: 9 Release Order, 10 Judgment sent to Francisco Herrera Arzate 201-446-837. Notice of Change of Address due by 10/2/2026. (Deputy Clerk GJM)
Parties
(HC) Herrera Arzate
Party
Warden, Golden State Annex Detention Facility
Party