Eastern District of California • 1:26-cv-05411

#1

Jul 13, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Mesa Verde Detention Facility by Kenneth Espinal Villatoro. (Deputy Clerk DAR) (Entered: 07/15/2026)

#2

Jul 15, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/15/2026)

#3

Jul 15, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 07/15/2026)

Jul 15, 2026

Service by Mail

Jul 15, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Kenneth Espinal Villatoro. (Deputy Clerk DAR)

#4

Jul 21, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/21/2026: Petitioner (A No. 215 815 123) has filed a petition for writ ofhabeas corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within 14 (fourteen) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/21/2026)

Jul 21, 2026

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

Jul 21, 2026

SERVICE BY MAIL: 4 Minute Order served on Kenneth Espinal Villatoro. (Deputy Clerk LMK)

Jul 21, 2026

Service by Mail

#5

Jul 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/24/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 4. Attorney Amanda Rachel Gaynor is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Amanda Rachel Gaynor, 330 Pine Street Suite 302 Williamsport, PA 17701, 570-323-9314, amanda_gaynor@fd.org, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk JRM) (Entered: 07/24/2026)

Jul 24, 2026

Minute Order AND ~Util - Add and Terminate Attorneys

#6

Jul 27, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/27/2026: Petitioner is GRANTED 14 days within which to File an Amended Petition for Writ of Habeas Corpus and / or Motion for Temporary Restraining Order. Petitioner A No. 215 815 123. (Text Only Entry) (Deputy Clerk JRM) (Entered: 07/27/2026)

Jul 27, 2026

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

#7

Aug 06, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Kenneth Espinal Villatoro. (Attachments: # 1 Exhibit A) (Gaynor, Amanda) Modified on 8/14/2026 (KS). (Entered: 08/06/2026)

#8

Aug 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 8/7/2026: Respondents are GRANTED 7 (seven) days to file a response to Petitioner's 7 Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the petition. Petitioner may file a reply within 7 (seven) days of service of the response. Petitioner A No. 215 815 123. (Text Only Entry) (Deputy Clerk LMK) (Entered: 08/07/2026)

Aug 07, 2026

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

#9

Aug 13, 2026

ANSWER (Response) to 7 First Amended Petition for Writ of Habeas Corpus by Warden, Mesa Verde Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Yu, Jonathan) Modified on 8/19/2026 (KS). (Entered: 08/13/2026)

#10

Aug 14, 2026

REPLY to 9 Response by Kenneth Espinal Villatoro. (Gaynor, Amanda) Modified on 8/17/2026 (HAH). (Entered: 08/14/2026)

#11

Aug 19, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/19/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner from custody; At the time of release, Respondent shall be required to return all of Petitioner's documents and possessions; Respondent shall not impose any additional restrictions on Petitioner unless such restrictions are deemed necessary at a future pre-deprivation hearing; Respondent be enjoined and restrained from re-detaining Petitioner absent compliance with constitutional protections which include at minimum: a. Pre-deprivation notice describing the change of circumstance(s) necessitating re-detention and b. A timely pre-deprivation hearing at which the government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner poses a danger to the community or a risk of flight even after consideration of alternatives to detention, and at which Petitioner shall be permitted to have his counsel present; The order does not address the circumstances under which the government may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; The Clerk be directed to serve Mesa Verde Detention Center with a copy of any release order; and that the Clerk be directed to enter judgment in favor of Petitioner and close this case. Referred to Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 08/19/2026)

#12

Aug 26, 2026

OBJECTIONS to 11 FINDINGS and RECOMMENDATIONS by Respondent Warden, Mesa Verde Detention Facility. (Yu, Jonathan) (Entered: 08/26/2026)

#13

Aug 31, 2026

ORDER signed by District Judge Dena M. Coggins on 08/28/2026 ADOPTING the 11 Findings and Recommendations and GRANTING Petitioner Kenneth Espinal Villatoro's (A# 215-815-123) 1 Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner from custody. At the time of release, Respondents shall return all of Petitioner's documents and possessions. Respondents shall not impose any additional restrictions on Petitioner unless such restrictions are deemed necessary at a future pre-deprivation hearing. Within 3 days from the date of entry of this order, Respondents shall file a notice certifying compliance with this order. If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his re-detention is warranted. This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. CASE CLOSED. (cc: Mesa Verde) (Deputy Clerk KS) (Entered: 08/31/2026)

#14

Aug 31, 2026

JUDGMENT dated *08/31/2026* pursuant to order signed by District Judge Dena M. Coggins on 08/28/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 08/31/2026)

#15

Sep 03, 2026

NOTICE OF COMPLIANCE by Warden, Mesa Verde Detention Facility. (Yu, Jonathan) Modified on 9/4/2026 (HAH). (Entered: 09/03/2026)