Eastern District of California • 1:26-cv-05728
(HC) Safi v. Attorney General
Active
Case Information
Filed: July 23, 2026
Assigned to:
Dena M. Coggins
Referred to:
Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 23, 2026
Parties:
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Docket Entries
#1
Jul 23, 2026
PETITION for WRIT of HABEAS CORPUS against Attorney General by Basir Ahmad Safi. (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
Jul 23, 2026
RECEIPT number 100008942 for $5.00 for Basir Ahmad Safi from Cal City Immigration Processing. (Deputy Clerk DAR)
#2
Jul 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk DAR) (Entered: 07/24/2026)
Main Document:
Immigration New Case Documents
#3
Jul 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Attorney General (Hemesath, Audrey) (Entered: 07/24/2026)
Main Document:
DESIGNATION
Jul 24, 2026
Service by Mail
Jul 24, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Basir Ahmad Safi. (Deputy Clerk DAR)
#4
Jul 27, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Magistrate Judge Carolyn K. Delaney on 7/27/2026: Petitioner (A No. 241 526 132) has filed a Petition for Writ of Habeas Corpus challenging ICE detention. In light of the complexity of the legal issues involved, the court has determined that the interests of justice require appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 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 671, § 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. (Text Only Entry) (Deputy Clerk JRM) (Entered: 07/27/2026)
Jul 27, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 27, 2026
SERVICE BY MAIL: 4 Minute Order served on Basir Ahmad Safi. (Deputy Clerk JRM)
Jul 27, 2026
Service by Mail
#5
Jul 28, 2026
RECUSAL ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/27/2026 RECUSING Magistrate Judge Carolyn K. Delaney and RANDOMLY REASSIGNING District Judge Dena M. Coggins and Magistrate Judge Chi Soo Kim for all further proceedings. The new case number is: 1:26-cv-05728-DC-CSK. (Deputy Clerk AMW) (Entered: 07/28/2026)
Main Document:
Order Reassigning Case
#7
Jul 28, 2026
OPPOSITION by Respondent Attorney General. (Attachments: # 1 Exhibit Removal Order)(Hemesath, Audrey) (Entered: 07/28/2026)
Main Document:
OPPOSITION
Jul 28, 2026
SERVICE BY MAIL: 5 Recusal Order served on Basir Ahmad Safi. (Deputy Clerk AMW)
Jul 28, 2026
Service by Mail
#8
Jul 29, 2026
CERTIFICATE / PROOF of SERVICE by Attorney General re 7 Opposition. (Hemesath, Audrey) (Entered: 07/29/2026)
Main Document:
Certificate / Proof of Service
#9
Aug 06, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 8/6/2026: The Court has been notified of Counsel's contact information, pursuant to the Minute Order at ECF No. 4. Attorney Carolyn Wiggin is hereby appointed as counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Carolyn Wiggin, Assistant Federal Defender, 801 I Street, 3rd Fl., Sacramento, CA 95814, (916) 498-5700; Carolyn_Wiggin@fd.org as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk AW) (Entered: 08/06/2026)
Aug 06, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#10
Aug 10, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 8/10/2026: Petitioner may file a reply/traverse within fourteen days from the date of this order. (Text Only Entry) (Deputy Clerk AW) (Entered: 08/10/2026)
Aug 10, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
Aug 17, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Basir Ahmad Safi.(Wiggin, Carolyn) (Entered: 08/17/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#12
Aug 18, 2026
MINUTE ORDER issued by Magistrate Judge Chi Soo Kim on 8/18/2026. On August 17, 2026, petitioner's appointed counsel filed a first amended petition for writ of habeas corpus.1. Respondents are ordered to file an answer or motion to dismiss within 7 days from the date of this order. Respondents are warned that the failure to respond to the first amended petition will be interpreted as non-opposition to granting the relief requested in the first amended habeas petition. 2. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 7 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondent to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. (Text Only Entry) (Deputy Clerk RAA) (Entered: 08/18/2026)
Aug 18, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Aug 24, 2026
ANSWER (Opposition) to 11 First Amended Petition for Writ of Habeas Corpus by Respondent Attorney General. (Hemesath, Audrey) Modified on 8/28/2026 (KS). (Entered: 08/24/2026)
Main Document:
ANSWER
#14
Sep 01, 2026
TRAVERSE by Basir Ahmad Safi. (Wiggin, Carolyn) (Entered: 09/01/2026)
Main Document:
Traverse
#15
Sep 11, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 9/11/2026 RECOMMENDING that 11 Amended Petition for Writ of Habeas Corpus be granted as to claim one; that petitioner be immediately released from ICE custody; that if respondents have custody of petitioner's documents, respondents shall return those to petitioner at the time of release; that Respondents be enjoined and restrained from re-detaining petitioner absent compliance with constitutional protections; that the Clerk of the Court be directed to enter judgment in favor of petitioner and close this case. Referred to District Judge Dena M. Coggins. Objections due within 7 days of the date of these findings and recommendations. (Deputy Clerk HAH) (Entered: 09/11/2026)
#16
Sep 11, 2026
OBJECTIONS to 15 FINDINGS and RECOMMENDATIONS by Respondent Attorney General. (Hemesath, Audrey) (Entered: 09/11/2026)
Main Document:
Objections to Findings and Recommendations
#17
Sep 11, 2026
REPLY by Basir Ahmad Safi re 16 Objections to Findings and Recommendations. (Wiggin, Carolyn) (Entered: 09/11/2026)
Main Document:
REPLY
#18
Oct 20, 2026
ORDER signed by District Judge Dena M. Coggins on 10/20/2026 ADOPTING the 15 findings and recommendations filed 9/11/2026, GRANTING Petitioner's 11 amended petition for a writ of habeas corpus, and ORDERING Petitioner Basir Ahmad Safi& #039;s (A-241-526-132) shall be RELEASED IMMEDIATELY from Respondents' custody with the same conditions he was subject to immediately prior to his present immigration detention. Respondents shall not impose any additional restriction on him, s uch as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing. Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social S ecurity card, etc.) upon his release from custody. Within 3 days from the date of entry of this order, Respondents shall FILE a notice of compliance with this court confirming that Petitioner has been released in accordance with this order. Res pondents are PERMANENTLY ENJOINED AND RESTRAINED from seeking to revoke Petitioner's release unless and until they comply with all procedures set forth in 8 C.F.R. § 241.4(l), 8 C.F.R. § 241.13(i), any other applicable statutes and r egulations, and the requirements of due process. The Clerk of the Court is directed to serve a copy of this order on the California City Detention Facility, enter judgment for Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)
#19
Oct 20, 2026
Judgment
Main Document:
Judgment
#20
Oct 23, 2026
Notice of Compliance
Main Document:
Notice of Compliance
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