Eastern District of California • 1:26-cv-05989

(HC) Avila Suarez v. Warden, California City Detention Facility

Active

Case Information

Filed: July 30, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 21, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Nelson Suarez. (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 30, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Nelson Suarez. (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: In Forma Pauperis
#3
Jul 30, 2026
MOTION to APPOINT COUNSEL by Nelson Suarez. (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: Appoint Counsel
Jul 30, 2026
RECEIPT number 200020274 for $5.00 for Filing Fee from Nelson Avila Suarez. (Deputy Clerk VLC)
#4
Jul 31, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: Immigration New Case Documents
#5
Jul 31, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 7/31/2026: 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: 07/31/2026)
#6
Jul 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Facility (Williams, Jonathan) (Entered: 07/31/2026)
Main Document: DESIGNATION
Jul 31, 2026
Service by Mail
Jul 31, 2026
SERVICE BY MAIL: 5 Minute Order served on Nelson Avila Suarez. (Deputy Clerk MDK)
Jul 31, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Nelson Avila Suarez. (Deputy Clerk AKP)
Jul 31, 2026
Minute Order
#7
Aug 03, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/3/2026 GRANTING 2 Motion for IFP, DEFERRING the ruling on 3 Motion for Appointment of Counsel and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in release or that a travel document is obtained for petitioner that will result in imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondents shall not transfer Petitioner to another detention center outside of this judicial district, pending further order of the Court. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 08/03/2026)
Main Document: Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 03, 2026
SERVICE BY MAIL: 7 Minute Order served on Nelson Avila Suarez. (Deputy Clerk SH)
Aug 03, 2026
Service by Mail
#8
Aug 07, 2026
NOTICE of RELATED CASE(S) 1:26-cv-06207-DAD-CKD by Warden, California City Detention Facility. (Williams, Jonathan) (Entered: 08/07/2026)
Main Document: Notice of Related Case
#9
Aug 10, 2026
RESPONSE to 7 ORDER to SHOW CAUSE by Warden, California City Detention Facility. (Attachments: # 1 Exhibit A-DHS Records, # 2 Exhibit B-EOIR Records)(Williams, Jonathan) (Entered: 08/10/2026)
Main Document: RESPONSE
#10
Aug 13, 2026
REPLY to 9 Response to Order to Show Cause by Nelson Fernando Avila Suarez. (Deputy Clerk JAW) (Entered: 08/14/2026)
Main Document: REPLY
#11
Aug 21, 2026
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 08/21/26 DENYING AS MOOT 3 Motion to Appoint Counsel; and RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release Petitioner and return all documents and possession; that if the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove that petitioner is a flight risk or danger to the community such that his re-detention is warranted; and that the Clerk serve order on California City Detention Facility, enter judgment for Petitioner and close case. Referred to Judge Troy L. Nunley; Objections to these F&Rs due within 3 days. (Deputy Clerk AJB) (Entered: 08/21/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel
Aug 21, 2026
Service by Mail
Aug 21, 2026
SERVICE BY MAIL: 11 Order and Findings and Recommendations served on Nelson Fernando Avila Suarez. (Deputy Clerk AJB)

Parties

(HC) Suarez
Party
Warden, California City Detention Facility
Party