Eastern District of California • 1:26-cv-05364

#1

Jul 13, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Esaue Harrison Theodore. (Deputy Clerk DAR) (Entered: 07/14/2026)

#2

Jul 13, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Esaue Harrison Theodore. (Deputy Clerk DAR) (Entered: 07/14/2026)

#3

Jul 13, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Esaue Harrison Theodore. (Deputy Clerk DAR) (Entered: 07/14/2026)

#4

Jul 13, 2026

MOTION to APPOINT COUNSEL by Esaue Harrison Theodore. (Deputy Clerk DAR) (Entered: 07/14/2026)

#5

Jul 14, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/14/2026)

#6

Jul 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden (Davis, Sean) (Entered: 07/14/2026)

#7

Jul 14, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/14/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The Court intends to rule directly on the claims raised in the underlying 1 petition for writ of habeas corpus that overlap with those addressed in the 3 Motion for Temporary Restraining Order, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the Motion. Respondents shall file any Opposition to the Motion for Temporary Restraining Order on or before July 21, 2026. The 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: 07/14/2026)

Jul 14, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Esaue Harrison Theodore. (Deputy Clerk DAR)

Jul 14, 2026

SERVICE BY MAIL: 7 Minute Order served on Esaue Harrison Theodore. (Deputy Clerk GJM)

Jul 14, 2026

Service by Mail

Jul 14, 2026

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

#8

Jul 21, 2026

ANSWER (Response) to 1 Petition for Writ of Habeas Corpus and RESPONSE to 3 Motion for Temporary Restraining Order by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proof of Service) (Davis, Sean) Modified on 7/27/2026 (KS). (Entered: 07/21/2026)

#9

Aug 13, 2026

ORDER signed by District Judge Daniel J. Calabretta on 8/12/2026 DIRECTING the Respondents to SHOW CAUSE on or before 8/17/2026, why the Court should not order Petitioner released based on Respondents' inability to establish that there is a significant likelihood that Petitioner will be removed to a third country in the reasonably foreseeable future pursuant to 8 C.F.R. § 241.13. (Deputy Clerk RRB) (Entered: 08/13/2026)

#10

Aug 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT added for Warden. Attorney Sean Davis, GOVT terminated. (Davis, Sean) Modified on 8/18/2026 (KS). (Entered: 08/13/2026)

Aug 13, 2026

Service by Mail

Aug 13, 2026

SERVICE BY MAIL: 9 Order to Show Cause served on Esaue Harrison Theodore. (Deputy Clerk RRB)

#11

Aug 14, 2026

REPLY to 9 Order to Show Cause by Warden. (Hemesath, Audrey) Modified on 8/17/2026 (HAH). (Entered: 08/14/2026)

#12

Aug 17, 2026

CERTIFICATE / PROOF of SERVICE by Warden re 11 Reply. (Hemesath, Audrey) (Entered: 08/17/2026)

#13

Aug 18, 2026

RELEASE ORDER signed by District Judge Daniel J. Calabretta on 8/18/2026 GRANTING 1 Petition for Writ of Habeas Corpus as to its First Claim for Relief; ORDERING Respondents to immediately release Petitioner ESAUE HARRISON THEODORE (A#: 062-598-197) from their custody and to not impose any additional restrictions on Petitioner; ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner without a change in circumstances to warrant Petitioner's re-detention; 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. 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: 08/18/2026)

#14

Aug 18, 2026

JUDGMENT dated *8/18/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 8/18/2026. (Deputy Clerk GJM) (Entered: 08/18/2026)

Aug 18, 2026

Service by Mail

Aug 18, 2026

SERVICE BY MAIL: 13 Release Order, 14 Judgment served on Esaue Harrison Theodore. (Deputy Clerk GJM)

#15

Aug 25, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 8/25/2026: On August 18, 2026, the Court ordered Respondents to immediately release Petitioner and to file a status report within five (5) days thereafter confirming Petitioner's release. (ECF No. 13). To date, Respondents have made no such filing. As such, Respondents shall file a status report advising the Court on the status of Petitioner's release by close of business today, August 25, 2026. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 08/25/2026)

#16

Aug 25, 2026

STATUS REPORT by Warden. (Hemesath, Audrey) (Entered: 08/25/2026)

Aug 25, 2026

Minute Order

Aug 25, 2026

SERVICE BY MAIL: 15 Minute Order served on Esaue Harrison Theodore. (Deputy Clerk GJM)

Aug 25, 2026

Service by Mail

Sep 02, 2026

MAIL RETURNED as Undeliverable, Released: 14 Judgment and 13 Order sent to Esaue Harrison Theodore. Notice of Change of Address due by 10/13/2026. (Deputy Clerk MCF)