Eastern District of California • 1:25-cv-01763

(HC) A.V. v. Wofford

Completed

Case Information

Filed: December 07, 2025
Assigned to: Troy Lynne Nunley
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: April 29, 2026
Last Activity: April 29, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 07, 2025
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Pam Bondi, Todd Lyons, Kristi Noem, Minga Wofford by F.V. A.V.. (Filing fee $ 5, receipt number ACAEDC-12650520) (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit of Petitioner, # 3 Affidavit of Natalia Vieira Santanna, # 4 Exhibit 1- Petitioner Identification Documents, # 5 Exhibit 2- Letters of Support, # 6 Exhibit 3- Taxes, # 7 Exhibit 4- Notice of Appear, # 8 Exhibit 5- Order of Release, # 9 Exhibit 6- Notice of Hearing, # 10 Exhibit 7- Petitioner Child Identification)(Vieira Santanna, Natalia) (Entered: 12/07/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
Dec 07, 2025
MOTION for TEMPORARY RESTRAINING ORDER by F.V. A.V.. (Attachments: # 1 Affidavit of Petitioner, # 2 Affidavit of Natalia Vieira Santanna, # 3 Exhibit 1- Identification Documents, # 4 Exhibit 2- Letters of Support, # 5 Exhibit 3- Taxes, # 6 Exhibit 4- Notice to Appear, # 7 Exhibit 5- Order of Release, # 8 Exhibit 6- Notice of Hearing, # 9 Exhibit 7- Petitioner Child identification, # 10 Proposed Order, # 11 Notice TRO Checklist)(Vieira Santanna, Natalia) (Entered: 12/07/2025)
Main Document: Temporary Restraining Order
#3
Dec 07, 2025
MOTION to proceed via pseudonym by F.V. A.V.. (Attachments: # 1 Proposed Order)(Vieira Santanna, Natalia) (Entered: 12/07/2025)
Main Document: Miscellaneous Relief
#4
Dec 07, 2025
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 1/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk RMG) (Entered: 12/07/2025)
Main Document: Prisoner New Case Documents for Magistrate Judge as Presider
#5
Dec 07, 2025
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. (Vieira Santanna, Natalia) (Entered: 12/07/2025)
Main Document: CONSENT/DECLINE
#6
Dec 08, 2025
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 12/8/2025: The Court has reviewed Petitioner's Motion for Temporary Restraining Order. (ECF No. 2 .) Pending the Court's ruling on this Motion, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (acknowledging the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Petitioner shall serve on Respondents this minute order and all documents filed to date in this case as soon as possible. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 12/08/2025)
#7
Dec 08, 2025
Temporary Restraining Order
Main Document: Temporary Restraining Order
#8
Dec 08, 2025
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#9
Dec 08, 2025
Order AND Order on Motion for TRO AND Order on Motion for TRO AND Order to Show Cause
Main Document: Order AND Order on Motion for TRO AND Order on Motion for TRO AND Order to Show Cause
Dec 08, 2025
Minute Order
#10
Dec 09, 2025
Certificate / Proof of Service
Main Document: Certificate / Proof of Service
#11
Dec 09, 2025
RESPONSE by Respondents to 9 Order to Show Cause. Attorney Lee, Justin added. (Lee, Justin) Modified on 12/10/2025 (KLY). (Entered: 12/09/2025)
Main Document: RESPONSE
#12
Dec 10, 2025
Request
Main Document: Request
#13
Dec 11, 2025
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 12/11/2025: Petitioner's request to appear remotely at the hearing on 12/17/2025 is hereby GRANTED. (ECF No. 12 .) Petitioner's counsel will receive instructions on how to appear. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 12/11/2025)
Dec 11, 2025
Minute Order AND Order on Request
#14
Dec 16, 2025
REPLY by F.V. A.V. re 11 Response. (Vieira Santanna, Natalia) (Entered: 12/16/2025)
Main Document: REPLY
#15
Dec 17, 2025
MINUTES (Text Only) for ORDER TO SHOW CAUSE HEARING before Chief District Judge Troy L. Nunley held on 12/17/2025: The Court heard oral argument as to why a Preliminary Injunction should not issue. The matter was SUBMITTED and an order to issue. The Court granted Petitioner's Motion to proceed via Pseudonym (ECF No. 3 ). Petitioner's Counsel Natalia Vieira Santanna, Appeared by Zoom. Respondents' Counsel Justin Lee Present. Court Reporter: Jennifer Coulthard. (Deputy Clerk MDK) (Entered: 12/17/2025)
Dec 17, 2025
In Court Hearing AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Terminate Motions
#16
Dec 19, 2025
Preliminary Injunction
Main Document: Preliminary Injunction
#17
Jan 09, 2026
STATUS REPORT by Sergio Albarran, Pam Bondi, Todd Lyons, Kristi Noem, Minga Wofford. (Lee, Justin) (Entered: 01/09/2026)
Main Document: STATUS
#18
Jan 21, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/21/2026: In light of the parties' agreement re: 17, the court sets the following briefing schedule: Respondents shall file a return in opposition to the petition by 3/13/2026 and Petitioner shall file a traverse in reply by 3/27/2026. (Text Only Entry). (Deputy Clerk NAC) (Entered: 01/21/2026)
Jan 21, 2026
Minute Order
#19
Mar 13, 2026
RETURN to 1 Petition for Writ of Habeas Corpus by Sergio Albarran, Pam Bondi, Todd M. Lyons, Kristi Noem, Minga Wofford. (Lee, Justin) Modified on 3/17/2026 (HAH). (Entered: 03/13/2026)
Main Document: RETURN
#20
Mar 16, 2026
Notice of Appearance
Main Document: Notice of Appearance
#21
Mar 25, 2026
REPLY to 19 Return by F.V. A.V. (Vieira Santanna, Natalia) Modified on 4/1/2026 (HAH). (Entered: 03/25/2026)
Main Document: REPLY
#22
Apr 13, 2026
FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/13/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 9 .) Still pending is petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 1 .) The primary dispute between the parties is whether re-detention without a pre-deprivation hearing violated petitioner's Fifth Amendment rights. I have addressed this issue previously and have consistently found that re-detention without a pre-deprivation hearing violates a noncitizen's due process rights. See, e.g., Amarillo v. Robbins, No. 1:25-cv-1623-JDP, 2026 WL 279856 (E.D. Cal. Feb. 3, 2026). After considering the parties' filings, and for the reasons stated in Amarillo and similar cases, I find that petitioner's Fifth Amendment due process rights were violated and hereby RECOMMEND the following: (1) the petition for writ of habeas corpus, ECF No. 1, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 16, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 04/13/2026)
Apr 13, 2026
Findings and Recommendations
#23
Apr 14, 2026
Objections to Findings and Recommendations
Main Document: Objections to Findings and Recommendations
#24
Apr 29, 2026
Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
Main Document: Findings and Recommendations AND Order Adopting Findings and Recommendations AND ~Util - Terminate Civil Case
#25
Apr 29, 2026
Judgment
Main Document: Judgment