Eastern District of California • 1:26-cv-05391

(HC) Falero Vivas v. Warden, Central Valley Annex

Active

Case Information

Filed: July 13, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 13, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Falero Vivas Alain. (Deputy Clerk DAR) (Entered: 07/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#3
Jul 13, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, 254 Taylor Ave, McFarland, CA 93250 by Falero Vivas Alain. (Deputy Clerk DAR) (Entered: 07/15/2026)
Main Document: Notice of Change of Address
Jul 13, 2026
RECEIPT number 100008844 for $5.00 for Falero Vivas Alain from Geo Secure Services LLC. (Deputy Clerk DAR)
#2
Jul 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/15/2026)
Main Document: Immigration New Case Documents
#4
Jul 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/15/2026: 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 JRW) (Entered: 07/15/2026)
#5
Jul 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Central Valley Annex (Weger, Shelley) (Entered: 07/15/2026)
Main Document: DESIGNATION
Jul 15, 2026
Minute Order
Jul 15, 2026
Service by Mail
Jul 15, 2026
SERVICE BY MAIL: 4 Minute Order served on Falero Vivas Alain. (Deputy Clerk JRW)
Jul 15, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Falero Vivas Alain. (Deputy Clerk DAR)
#6
Jul 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 07/17/2026. The court has reviewed 1 Petitioner's Petition for Writ of Habeas Corpus. Respondents are directed to show cause why the writ should not be granted by filing response within 7 days from the date of this order. See 28 U.S.C. § 2243. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondents dispute any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondents' response. Respondents shall NOT TRANSFER petitioner outside of this judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions...."); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts have the power to "to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action"). (Text Only Entry) (Deputy Clerk JAA) (Entered: 07/17/2026)
Jul 17, 2026
Minute Order
Jul 17, 2026
Service by Mail
Jul 17, 2026
SERVICE BY MAIL: 6 Minute Order served on Falero Vivas Alain. (Deputy Clerk JAA)
#7
Jul 21, 2026
CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name correct to "Alain Falero Vivas". (Deputy Clerk HAH) (Entered: 07/21/2026)
Jul 21, 2026
Service by Mail
Jul 21, 2026
SERVICE BY MAIL: 7 Clerk's Notice of Docket Correction, 2 Immigration New Case Documents, 4 Minute Order, and 6 Minute Order, served on Alain Falero Vivas. (Deputy Clerk HAH)
#8
Jul 24, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document: Answer to Petition for Writ of Habeas Corpus
#9
Jul 29, 2026
Notice of Change of Address
Main Document: Notice of Change of Address
#10
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 08/03/2026. In light of the complexity of the legal issues involved and in the interest of justice, the court vacates the briefing schedule 6 and appoints counsel sua sponte. The Federal Defender is directed to identify counsel to represent petitioner. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to the undersigned's courtroom deputy Jonathan Anderson at janderson@caed.uscourts.gov, and counsel will be added as counsel for petitioner. 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 CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Within 7 days of adding counsel for petitioner, petitioner's counsel shall file a reply or an amended petition. (Text Only Entry) (Deputy Clerk JAA) (Entered: 08/03/2026)
Aug 03, 2026
Minute Order
Aug 03, 2026
SERVICE BY MAIL: 10 Minute Order served on Alain Falero Vivas. (Deputy Clerk JAA)
Aug 03, 2026
Service by Mail
#11
Aug 05, 2026
Notice of Change of Address
Main Document: Notice of Change of Address
#12
Aug 07, 2026
Notice of Appearance
Main Document: Notice of Appearance
Aug 17, 2026
Minute Order

Parties

(HC) Alain
Party
Warden, Central Valley Annex
Party