Eastern District of California • 1:26-cv-05663
(HC) Obando Soza v. Warden of the Mesa Verde Detention Facility
Completed
Case Information
Filed: July 20, 2026
Assigned to:
Dena M. Coggins
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 11, 2026
Last Activity:
August 11, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 20, 2026
(2241) PETITION for WRIT of HABEAS CORPUS against Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting Secretary, United States Department of Homeland Security, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility by Luis Noel Obando Soza. (Deputy Clerk AML) (Entered: 07/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Luis Noel Obando Soza. (Deputy Clerk AML) (Entered: 07/21/2026)
Main Document:
In Forma Pauperis
#3
Jul 20, 2026
MOTION to APPOINT COUNSEL by Luis Noel Obando Soza. (Deputy Clerk AML) (Entered: 07/21/2026)
Main Document:
Appoint Counsel
#4
Jul 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AML) (Entered: 07/21/2026)
Main Document:
Immigration New Case Documents for MJ as Presider
#5
Jul 21, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY): This case has been assigned to District Judge Dena M. Coggins and Magistrate Judge Sean C. Riordan. The new case number is: 1:26-cv-05663-DC-SCR (HC). (Deputy Clerk AML) (Entered: 07/21/2026)
#6
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Current or Acting Director, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Nisreen Fakhouri Assaf for Current or Acting Secretary, United States Department of Homeland Security,Nisreen Fakhouri Assaf for Current or Acting United States Attorney General,Nisreen Fakhouri Assaf for Warden of the Mesa Verde Detention Facility (Assaf, Nisreen) (Entered: 07/21/2026)
Main Document:
DESIGNATION
Jul 21, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Luis Noel Obando Soza. (Deputy Clerk AML)
Jul 21, 2026
Service by Mail
Jul 21, 2026
SERVICE BY MAIL: 5 Clerk's Notice Reassigning Case served on Luis Noel Obando Soza. (Deputy Clerk AML)
#7
Jul 22, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 7/22/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 7days. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in his/her release or that a travel document is obtained for petitioner that will result in his/her imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 07/22/2026)
Main Document:
MINUTE
Jul 22, 2026
Service by Mail
Jul 22, 2026
SERVICE BY MAIL: 7 Minute Order served on Luis Noel Obando Soza. (Deputy Clerk SH)
#9
Aug 04, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 8/4/26 DENYING 2 Motion to Proceed IFP and DENYING 3 Motion to Appoint Counsel as unnecessary in light of the recommendation to grant the § 2241 petition . It is hereby RECOMMENDED that 1 Petition for Writ of Habeas be granted; Respondent be ordered to immediately release Petitioner Luis Noel Obando Soza (A#235-380-901) from custody; At the time of release, Respondent shall return all of Petitio ner's documents and possessions; the Clerk of the Court be directed to serve the Mesa Verde Detention Facility with a copy of anyrelease order; If the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Pet itioner and provide him with a hearing before an immigration judge; Any final order in this case not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal a nd Petitioner receives notice of that final order of removal; and the Clerk of Court be directed to enter judgment for Petitioner and to close this case. Referred to Judge Dena M. Coggins. Objections due within 3 days after being served with these Findings and Recommendations. (Deputy Clerk JAW)
Aug 04, 2026
Service by Mail
#10
Aug 07, 2026
Objections to Findings and Recommendations
Main Document:
Objections to Findings and Recommendations
#11
Aug 11, 2026
ORDER signed by District Judge Dena M. Coggins on 8/10/2026 ADOPTING 9 The Findings and Recommendations. GRANTING 9 Petitioner Luis Noel Obando Soza's (A# 235-380-901) application for a writ of habeas corpus; Respondents are ordered to I MMEDIATELY RELEASE Petitioner from custody with the same conditions he was subject to immediately prior to his detention on or about March 28, 2026. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unl ess that is determined to be necessary at a future pre-deprivation/custody hearing. Upon release, Respondents shall return all of Petitioner's documents and possessions; If the government seeks to re-detain Petitioner, it must provide no less than seven (7) days of notice to Petitioner and provide him with a 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 r e-detention is warranted; The Clerk of the Court is directed to serve the Mesa Verde Detention Facility with this order; and The Clerk of the Court is directed to enter judgment for Petitioner and to close this case. CASE CLOSED; (cc: Mesa Verde Detention Facility) (Deputy Clerk LMS)
#12
Aug 11, 2026
Judgment
Main Document:
Judgment
Aug 11, 2026
Service by Mail
Parties
(HC) Obando Soza
Party
Warden of the Mesa Verde Detention Facility
Party