Eastern District of California • 1:26-cv-05735
(HC) Buchanan v. Blanche
Completed
Case Information
Filed: July 23, 2026
Assigned to:
Jeremy D. Peterson
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 19, 2026
Last Activity:
September 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 23, 2026
PETITION for WRIT of HABEAS CORPUS against Todd Blanche by Dave Buchanan. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 23, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Dave Buchanan. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
In Forma Pauperis
#3
Jul 23, 2026
MOTION to APPOINT COUNSEL by Dave Buchanan. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
Appoint Counsel
#4
Jul 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
Immigration New Case Documents
#5
Jul 24, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/24/2026: 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 MDK) (Entered: 07/24/2026)
#6
Jul 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Todd Blanche (Hemesath, Audrey) (Entered: 07/24/2026)
Main Document:
DESIGNATION
Jul 24, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Dave Buchanan. (Deputy Clerk DAR)
Jul 24, 2026
Minute Order
Jul 24, 2026
SERVICE BY MAIL: 5 Minute Order served on Dave Buchanan. (Deputy Clerk MDK)
Jul 24, 2026
Service by Mail
#7
Jul 28, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2026 ORDERING that within 7 days of the date of service of this order, respondent must file a response to the petition. A response may be either an answer or a motion to dismiss. Within 7 days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. If respondent files an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondent's answer. If no traverse is filed within 7 days, the petition and answer are deemed submitted. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. 2 Motion to Proceed IFP is GRANTED. (Deputy Clerk HAH) (Entered: 07/28/2026)
Jul 28, 2026
SERVICE BY MAIL: 7 Order Directing Respondent to File a Response to the Petition served on Dave Buchanan. (Deputy Clerk HAH)
Jul 28, 2026
Service by Mail
#8
Aug 04, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Todd Blanche. (Hemesath, Audrey) Modified on 8/10/2026 (KS). (Entered: 08/04/2026)
Main Document:
ANSWER
#9
Aug 05, 2026
CERTIFICATE of SERVICE re 8 Answer (Reply) to Petition for Writ of Habeas Corpus by Todd Blanche. (Hemesath, Audrey) Modified on 8/14/2026 (KS). (Entered: 08/05/2026)
Main Document:
Certificate / Proof of Service
#10
Aug 06, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 08/06/2026)
Main Document:
CONSENT/DECLINE
#11
Aug 07, 2026
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Jeremy D. Peterson on 8/7/2026. (Deputy Clerk HAH) (Entered: 08/07/2026)
Main Document:
09 - Order Re Consent or Request for Reassignment
Aug 07, 2026
Service by Mail
Aug 07, 2026
SERVICE BY MAIL: 11 Order Re Consent or Request for Reassignment served on Dave Buchanan. (Deputy Clerk HAH)
#12
Aug 17, 2026
ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 8/17/2026 DENYING petitioner's 3 motion to appoint counsel. IT IS RECOMMENDED the 1 petition for writ of habeas corpus be granted, Respondent be ordered to immediately release petitioner (A-Number: 055-564-713) from its custody subject to the previously-imposed conditions of release, if any, Respondent be ENJOINED AND RESTRAINED from re-detaining petitioner unless it obtains a travel document for his removal, if necessary, and follows all procedures set forth in 8 C.F.R. §§ 241.4(l), 241.13(i), and any other applicable statutory and regulatory procedures, and the Clerk of Court be directed to serve California City Detention Facility with a copy of this order, enter judgment accordingly, and close this case. Referred to Judge Troy L. Nunley. Objections to F&R due within 7 days. (Deputy Clerk KLY) (Entered: 08/17/2026)
Aug 17, 2026
Service by Mail
Aug 17, 2026
SERVICE BY MAIL: 12 Order; Findings and Recommendations served on Dave Buchanan. (Deputy Clerk KLY)
#13
Aug 18, 2026
TRAVERSE by Dave Buchanan. (Deputy Clerk VLC) (Entered: 08/19/2026)
Main Document:
Traverse
#14
Aug 18, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk AKP) (Entered: 08/19/2026)
Main Document:
CONSENT/DECLINE
#15
Aug 19, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/19/2026: This action has been fully consented to by all the parties and approved by the Judges in accordance with E.D. Local Rule 305. See 28 U.S.C. § 636(c). The case will proceed before the assigned magistrate judge, and the Clerk of Court is directed to reassign this case to Magistrate Judge Jeremy D. Peterson. The parties shall take note that all documents hereafter filed with the Clerk of the Court shall bear case number 1:26-cv-05735-JDP. (TEXT ONLY ENTRY) (cc: Sac Ops) (Deputy Clerk MDK) (Entered: 08/19/2026)
#16
Aug 19, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). Pursuant to the 15 Consent Minute Order, this case is REASSIGNED to Magistrate Judge Jeremy D. Peterson for all further proceedings. Chief Judge Nunley terminated. The new case number is: 1:26-cv-5735 JDP (HC). (Deputy Clerk JJD) (Entered: 08/19/2026)
#17
Aug 19, 2026
ORDER (Text only) signed by Magistrate Judge Jeremy D. Peterson on 8/19/2026: The parties have consented to magistrate jurisdiction. ECF No. 15 . Accordingly, the 8/17/2026 Findings and Recommendations are hereby the order of the court. The petitioner for writ of habeas corpus, ECF No. 1, is GRANTED; respondent is ordered to immediately release petitioner Dave Buchanan (A-Number: 055-564-713) from its custody subject to the previously-imposed conditions of release, if any; respondent is ENJOINED AND RESTRAINED from re-detaining petitioner unless it obtains a travel document for his removal, if necessary, and follows all procedures set forth in 8 C.F.R. §§ 241.4(l), 241.13(i), and any other applicable statutory and regulatory procedures; the Clerk of Court is directed to serve California City Detention Facility with a copy of this order; and the Clerk of Court is ordered to enter judgment accordingly and close this case. (cc: California City Detention Facility) (Deputy Clerk NAC) (Entered: 08/19/2026)
#18
Aug 19, 2026
JUDGMENT dated *8/19/2026* pursuant to order signed by Magistrate Judge Jeremy D. Peterson on 8/19/2026 in favor of Petitioner. (Deputy Clerk NAC) (Entered: 08/19/2026)
Main Document:
Judgment
Aug 19, 2026
SERVICE BY MAIL: 17 Order and 18 Judgment served on Dave Buchanan. (Deputy Clerk NAC)
Aug 19, 2026
SERVICE BY MAIL: 16 Clerk's Notice Reassigning Case, served on Dave Buchanan. (Deputy Clerk JJD)
Aug 19, 2026
SERVICE BY MAIL: 15 Minute Order served on Dave Buchanan. (Deputy Clerk MDK)
Aug 19, 2026
Service by Mail
Aug 19, 2026
Minute Order
Aug 19, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Aug 31, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed, Unable tor Forward: 15 Minute Order sent to Dave Buchanan. (Deputy Clerk DAR)
Aug 31, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 17 Order Adopting Findings and Recommendations and 18 Judgment sent to Dave Buchanan. (Deputy Clerk DAR)
Sep 04, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 16 Clerk's Notice Reassigning Case, sent to Dave Buchanan. (Deputy Clerk DAR)
Parties
Blanche
Party
(HC) Buchanan
Party