Eastern District of California • 1:26-cv-05569

(HC) Baquero Cortes v. Warden, California City Correction Center

Completed

Case Information

Filed: July 20, 2026
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: July 31, 2026
Last Activity: August 10, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correction Center by Juan Baquero Cortes. (Deputy Clerk DAR) (Entered: 07/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
MOTION for IMMEDIATE RELEASE or, in the alternative, for a bond hearing by Juan Baquero Cortes. (Deputy Clerk DAR) (Entered: 07/21/2026)
Main Document: Miscellaneous Relief
Jul 20, 2026
RECEIPT number 100008886 for $5.00 from Juan Baquero. (Deputy Clerk DAR)
#3
Jul 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nisreen Fakhouri Assaf for Warden, California City Correction Center (Assaf, Nisreen) (Entered: 07/21/2026)
Main Document: DESIGNATION
#4
Jul 21, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/21/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Immediate Release. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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 MCF) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 21, 2026
Service by Mail
Jul 21, 2026
SERVICE BY MAIL: 4 Minute Order served on Juan Baquero Cortes. (Deputy Clerk MCF)
#5
Jul 22, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Quinn Disparte, GOVT added for Warden, California City Correction Center. Attorney Nisreen Fakhouri Assaf terminated. (Disparte, Quinn) (Entered: 07/22/2026)
Main Document: DESIGNATION
#6
Jul 22, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Warden, California City Correction Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Disparte, Quinn) Modified on 7/28/2026 (KS). (Entered: 07/22/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#7
Jul 31, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 7/30/2026 GRANTING the 1 Petition for Writ of Habeas Corpus and DENYING as moot Petitioner's 2 Motion for Temporary Restraining Order. Respondents must IMMEDIATELY RELEASE Petitioner Juan Carlos B.C. (A# 241-136-584) from custody under the same conditions as his prior release. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents must file a notice of compliance with this provision of the Order no later than 7/30/2026. Respondents are ENJOINED from re-detaining Petitioner absent compliance with constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral fact-finder where: (a) Respondents show material changed circumstances demonstrate a significant likelihood of Petitioner's removal in the reasonably foreseeable future, or (b) Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs his constitutionally protected interest in remaining free from detention. Zadvydas, 533 U.S. at 690; Hernandez, 872F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court shall serve this Order on California City Correction Center and enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY) (Entered: 07/31/2026)
Main Document: Order AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
#8
Jul 31, 2026
JUDGMENT dated *7/31/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 7/30/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 07/31/2026)
Main Document: Judgment
Jul 31, 2026
SERVICE BY MAIL: 7 Order Closing Case, 8 Judgment served on Juan Baquero Cortes. (Deputy Clerk KLY)
Jul 31, 2026
Service by Mail
#9
Aug 02, 2026
NOTICE OF COMPLIANCE with 7 Order by Warden, California City Correction Center. (Disparte, Quinn) Modified on 8/7/2026 (KS). (Entered: 08/02/2026)
Main Document: Notice of Compliance
Aug 10, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 7 Order and 8 Judgment sent to Juan Baquero Cortes. (Deputy Clerk DAR)

Parties

(HC) Baquero Cortes
Party
Warden, California City Correction Center
Party