Eastern District of California • 1:26-cv-05788

(HC) Patishtan v. Warden of the Mesa Verde Detention Facility

Active

Case Information

Filed: July 24, 2026
Assigned to: Jennifer L. Thurston
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: July 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 24, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Current or Acting Secretary, United States Department of Homeland Security, Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement, Current or Acting United States Attorney General, Warden of the Mesa Verde Detention Facility by Ricardo Lopez Patishtan. (Deputy Clerk ED) (Entered: 07/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Ricardo Lopez Patishtan signed by Magistrate Judge Erica P. Grosjean on 07/27/2026. (Deputy Clerk ED) (Entered: 07/27/2026)
Main Document: 05 - HC/Order Authorizing IFP
#3
Jul 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk ED) (Entered: 07/27/2026)
Main Document: Immigration New Case Documents
#4
Jul 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Current or Acting Director, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Field Director, San Francisco Field Office, United States Immigration and Customs Enforcement,Jonathan Yu, GOVT for Current or Acting Secretary, United States Department of Homeland Security,Jonathan Yu, GOVT for Current or Acting United States Attorney General,Jonathan Yu, GOVT for Warden of the Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 07/27/2026)
Main Document: DESIGNATION
Jul 27, 2026
Service by Mail
Jul 27, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents, 2 Order Authorizing IFP Status served on Ricardo Lopez Patishtan. (Deputy Clerk ED)
#5
Jul 28, 2026
ORDER TO RESPOND; Order Setting Briefing Schedule; Order to Electronically File Transcripts and Other Necessary Documents signed by Magistrate Judge Erica P. Grosjean on 7/28/2026. (Deputy Clerk JPX) (Entered: 07/28/2026)
Main Document: Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Jul 28, 2026
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on July 28, 2026: Pending the Court's decision on the petition, and unless and until the Court orders otherwise, the Court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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 FMN) (Entered: 07/28/2026)
#7
Jul 28, 2026
NOTICE OF CHANGE IN DETENTION AUTHORITY AND MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS by Current or Acting Director, United States Immigration and Customs Enforcement, Current or Acting Field 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 re 1 Petition for Writ of Habeas Corpus, 5 Order, Set/Reset Deadlines and Hearings, 6 Minute Order,,. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 07/28/2026)
Main Document: Miscellaneous Relief
Jul 28, 2026
SERVICE BY MAIL: 5 Order served on Ricardo Lopez Patishtan. (Deputy Clerk JPX)
Jul 28, 2026
Minute Order
Jul 28, 2026
Service by Mail
Jul 28, 2026
SERVICE BY MAIL: 6 Minute Order, served on Ricardo Lopez Patishtan. (Deputy Clerk FMN)
#8
Jul 29, 2026
MINUTE ORDER (Text Only Entry) A routine review of the EOIR public database indicates that petitioner (A No. 216-834-647) was ordered removed on July 27, 2026, and that any appeal is due by August 26, 2026. In their recent filing, Respondents attach a copy of the Immigration Judge's order of removal which indicates that Petitioner waived his right to an appeal. (Doc. 7-1 at 1-2.) Respondents argue that Petitioner's waiver of his right to appeal renders his order administratively final under 8 C.F.R. § 1003.39 and therefore, request this Court lift its no transfer order to allow the government to execute Petitioner's order of removal. (Doc. 7 at 1.) However, the BIA and the Ninth Circuit retain jurisdiction to review whether a waiver of the right to appeal was done knowingly and intelligently. See Biwot v. Gonzales, 403 F.3d 1094, 1098 (9th Cir. 2005); In re Rodriguez-Diaz, 22 I. & N. Dec. 1320, 1322-23 (BIA 2000). Accordingly, to allow the Court to properly evaluate the applicable detention authority in this matter, as soon as possible but no later than August 27, 2026, Petitioner SHALL file a notice indicating whether an appeal has been filed signed by District Judge Jennifer L. Thurston on July 29, 2026. (Deputy Clerk IM) (Entered: 07/29/2026)
Jul 29, 2026
Minute Order
Jul 29, 2026
Service by Mail
Jul 29, 2026
SERVICE BY MAIL: 8 Minute Order served on Ricardo Lopez Patishtan. (Deputy Clerk IM)

Parties

(HC) Patishtan
Party
Warden of the Mesa Verde Detention Facility
Party