Eastern District of California • 1:26-cv-05505

#1

Jul 16, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Heliara Oliceira Tinoco. (Deputy Clerk AKP) (Entered: 07/20/2026)

#2

Jul 16, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Heliara Oliceira Tinoco. (Deputy Clerk AKP) (Entered: 07/20/2026)

#3

Jul 16, 2026

MOTION to APPOINT COUNSEL by Heliara Oliceira Tinoco. (Deputy Clerk AKP) (Entered: 07/20/2026)

#4

Jul 20, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/20/2026)

#5

Jul 20, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden, California City Detention Facility (Davis, Sean) (Entered: 07/20/2026)

Jul 20, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents served on Heliara Oliceira Tinoco. (Deputy Clerk AKP)

Jul 20, 2026

Service by Mail

#6

Jul 21, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 7/21/2026: Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. Petitioner's 3 Motion for the Appointment of Counsel is GRANTED. 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. Petitioner (A No. 219 901 672). (Text Only Entry) (Deputy Clerk LMK) (Entered: 07/21/2026)

Jul 21, 2026

SERVICE BY MAIL: 6 Minute Order served on Heliara Oliceira Tinoco. (Deputy Clerk LMK)

Jul 21, 2026

Minute Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

Jul 21, 2026

Service by Mail

#7

Jul 24, 2026

MINUTE ORDER issued by Relief 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. 6. Attorney Amanda Skinner is hereby appointed as CJA counsel for Petitioner. The Courtroom Deputy shall update the docket to reflect Attorney Amanda Skinner, 506 S. Main St. Suite 400 Las Cruces, NM 88001, 575-527-6930, amanda_skinner@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

#8

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. 219 901 672.(Text Only Entry). (Deputy Clerk JRM) (Entered: 07/27/2026)

Jul 27, 2026

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

#9

Jul 30, 2026

REQUEST for Name Correction by plaintiff Heliara Oliveira Tinoco. (Deputy Clerk RRB) (Entered: 07/31/2026)

#10

Jul 30, 2026

MOTION for TEMPORARY RESTRAINING ORDER and Proposed Order by Pro Se Party Heliara Oliceira Tinoco. (Deputy Clerk RRB) Modified on 8/5/2026 (KS). (Entered: 07/31/2026)

#11

Aug 03, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/3/2026: In light of the 7 Order appointing Counsel and the 8 Order permitting Petitioner to file an Amended Petition and Motion for a Temporary Restraining Order through appointed Counsel, the court DENIES without prejudice the 10 Motion for a Temporary Restraining Order filed by Petitioner pro se. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/03/2026)

Aug 03, 2026

Minute Order AND Order on Motion for TRO

#12

Aug 11, 2026

NOTICE of VOLUNTARY DISMISSAL by Heliara Oliveira Tinoco. (Skinner, Amanda) (Entered: 08/11/2026)

#13

Aug 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Joseph Douglas Harman, GOVT added for Warden, California City Detention Facility. Attorney Sean Davis, GOVT terminated. (Davis, Sean) Modified on 8/19/2026 (KS). (Entered: 08/13/2026)

#14

Sep 02, 2026

NOTICE of APPEARANCE by Lorena Cecilia Castillo on behalf of Heliara Oliveira Tinoco. Attorney Castillo, Lorena Cecilia added. (Castillo, Lorena) (Entered: 09/02/2026)

#15

Sep 02, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Heliara Oliveira Tinoco. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration)(Castillo, Lorena) (Entered: 09/02/2026)

#16

Sep 02, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Heliara Oliveira Tinoco. (Attachments: # 1 TRO Checklist, # 2 Proposed Order, # 3 Affidavit)(Castillo, Lorena) Modified on 9/4/2026 (HAH). (Entered: 09/02/2026)

#17

Sep 02, 2026

MOTION to VACATE 12 Notice of Voluntary Dismissal by Heliara Oliveira Tinoco. (Attachments: # 1 Declaration, # 2 Proposed Order)(Castillo, Lorena) Modified on 9/4/2026 (HAH). (Entered: 09/02/2026)

#18

Sep 03, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/3/2026: The court has reviewed Petitioner's 15 First Amended Petition for Writ of Habeas Corpus and 16 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, No. 25-6842, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Further, this court has previously held that noncitizens are at minimum entitled to a post-deprivation bond hearing when they are detained by immigration authorities under 8 U.S.C. §§ 1226(a), 1227(a) for remaining in the U.S. after the expiration of their previously-granted immigration status (see, e.g., Dandamudi v. Warden, No. 1:26-cv-03567-DC-CSK, Doc. No. 8 (E.D. Cal. May 29, 2026) (finding prudential exhaustion purposes satisfied by relief sought, granting temporary restraining order, and ordering a bond hearing under 8 U.S.C. § 1226(a) where the petitioner had overstayed their H-1B status); Gutierrez Nunez v. Warden of the Golden State Annex Det. Fac., No. 1:26-cv-03932-DC-CKD, No. 8 (E.D. Cal. June 16, 2026) (same for the noncitizen who had overstayed a B-2 visa). The court is contemplating ruling directly on the 15 Amended Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 16 Motion for Temporary Restraining Order by 12:00 PM on 9/8/2026. In their response, Respondents shall: (1) substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's prior cases cited above, and (2) if Petitioner has already received a post-deprivation bond hearing, attach (i) a transcript or audio recording of Petitioner's bond hearing, (ii) a copy of the Immigration Judge's order, and (iii) evidence of the advance notice Petitioner was provided about the time and date of the hearing. Petitioner shall file a Reply by 12:00 PM on 9/9/2026. Both parties should address whether they oppose the court ruling directly on the Petition. 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 Entry) (Deputy Clerk CRS) (Entered: 09/03/2026)

Sep 03, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

#19

Sep 08, 2026

STIPULATION and PROPOSED ORDER re Briefing Schedule for Petitioner's Amended Petition by Heliara Oliveira Tinoco. (Castillo, Lorena) Modified on 9/9/2026 (KLY). (Entered: 09/08/2026)

#20

Sep 10, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden, California City Detention Facility. (Attachments: # 1 Exhibit I-213, # 2 Exhibit I-200, # 3 Exhibit I-286, # 4 Exhibit NTA, # 5 Exhibit 7-7 Bond Order, # 6 Exhibit 9-3 Bond Order)(Harman, Joseph) (Entered: 09/10/2026)

#21

Sep 10, 2026

NOTICE of APPEARANCE by Zachary Nightingale on behalf of Heliara Oliveira Tinoco. Attorney Nightingale, Zachary added. (Nightingale, Zachary) (Entered: 09/10/2026)

#22

Sep 11, 2026

REPLY by Heliara Oliveira Tinoco re 20 Answer to Petition for Writ of Habeas Corpus,. (Attachments: # 1 Declaration, # 2 Exhibit A-G)(Castillo, Lorena) (Entered: 09/11/2026)

#23

Oct 01, 2026

ORDER signed by District Judge Dena M. Coggins on 9/30/2026 GRANTING 16 Motion for TRO and GRANTING 15 First Amended Petition for Writ of Habeas as to due process claim. Respondents are ORDERED within 5 days of this order to RESTORE Petitioner to the status quo immediately preceding detention in June 2026, including removal of ankle monitor and applicable monitoring requirements, RETURN all of petitioners documents and possessions, and FACILITE the return of the bond Petitioner posed in Sept 2026. Respondents are ORDERED within 10 days of this order to file a Notice of Compliance with the court and respondents are PERMANENTLY ENJOINED and RESTRAINED from re-arresting Petitioner unless and until they first provide no fewer than seve n 7 days' notice and a pre-deprivation hearing during which a neutral decisionmaker considers whether Petitioner is a danger to the community or flight risk such. Petitioner's 17 Motion to Vacate the Notice of Voluntary Dismissal is DENIED as Moot, and the court is DIRECTED to enter judgment for Petitioner and close this case. CASE CLOSED. (Deputy Clerk AMW)

#24

Oct 01, 2026

Judgment

#25

Oct 13, 2026

Notice of Compliance