Eastern District of California • 1:26-cv-05994

(HC) Aguilar v. Warden, Tanya Andrews

Completed

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
Completed: August 18, 2026
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 30, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Tanya Andrews by Jose Aguilar. (Deputy Clerk AKP) (Additional attachment(s) added on 7/31/2026: # 1 Declaration) (AKP). (Entered: 07/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 30, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jose Aguilar. (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: Temporary Restraining Order
#3
Jul 30, 2026
MOTION to APPOINT COUNSEL by Jose Aguilar. (Deputy Clerk AKP) (Entered: 07/31/2026)
Main Document: Appoint Counsel
Jul 30, 2026
RECEIPT number 100009008 for $5.00 for Jose Aguilar. (Deputy Clerk AKP)
#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: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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 MDK) (Entered: 07/31/2026)
#6
Jul 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Tanya Andrews (Yu, Jonathan) (Entered: 07/31/2026)
Main Document: DESIGNATION
#7
Jul 31, 2026
NOTICE CHANGE IN CUSTODY STATUS by Warden, Tanya Andrews re 5 Minute Order,,,,, 1 Petition for Writ of Habeas Corpus, 2 MOTION for TEMPORARY RESTRAINING ORDER. (Yu, Jonathan) (Entered: 07/31/2026)
Main Document: Notice (Other)
#8
Jul 31, 2026
EXHIBIT 1 by Warden, Tanya Andrews re 7 Notice - Other. (Yu, Jonathan) (Entered: 07/31/2026)
Main Document: EXHIBIT
Jul 31, 2026
Service by Mail
Jul 31, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Augilar. (Deputy Clerk MDK)
Jul 31, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Aguilar. (Deputy Clerk AKP)
Jul 31, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Jose Augilar. (Deputy Clerk AKP)
Jul 31, 2026
Minute Order
Jul 31, 2026
SERVICE BY MAIL: 5 Minute Order served on Jose Aguilar. (Deputy Clerk MDK)
#9
Aug 04, 2026
RESPONSE by Warden, Tanya Andrews to 5 Minute Order,,,,, 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Yu, Jonathan) (Entered: 08/04/2026)
Main Document: RESPONSE
Aug 17, 2026
MAIL RETURNED as Undeliverable, Return to Sender, Released: 4 Immigration New Case Documents sent to Jose Aguilar. Notice of Change of Address due by 9/24/2026. (Deputy Clerk AKP)
#10
Aug 18, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 18, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Petitioner claims Respondents detained him in violation of the Fifth Amendment. Respondents answered, seeking dismissal of the Petition on mootness grounds because Petitioner has been removed from the country. (ECF No. 9 .) A case is moot when it no longer presents a case or controversy. Spencer v. Kemna, 523 U.S. 1, 7 (1998). "Deportation from the United States after filing a habeas petition does not necessarily moot a petitioner's claim.... For a habeas petition to continue to present a live controversy after the petitioner's release or deportation, however, there must be some remaining 'collateral consequence' that may be redressed by success on the petition." Abdala v. I.N.S., 488 F.3d 1061, 1063-64 (9th Cir. 2007). Where a petitioner seeks only release from detention without raising collateral consequences and is subsequently deported, the petition is likely moot because the court can no longer provide the requested relief. See id. Here, Petitioner was subject to an order of removal and Respondents detained him to execute that order. (ECF No. 9 .) Since the removal order became final and executable, Respondents removed Petitioner from the country and released him from immigration custody. (Id.) Therefore, the Court cannot grant the relief requested by Petitioner. Additionally, the Petition does not raise any collateral consequences that would result from Petitioner's removal. (See ECF No. 1 .) Therefore, the Petition is MOOT. Finally, the Court finds that Respondents did not violate this Court's Order not to transfer Petitioner outside this district as Petitioner was removed prior to entry of that Order. (ECF Nos. 5, 7, 8 .) Accordingly, the Court dismisses the Petition without prejudice, as well as Petitioner's motions for temporary restraining order (ECF No. 2 ) and to appoint counsel (ECF No. 3 ). The Clerk of Court is directed to enter judgment accordingly and close the case. SO ORDERED. CASE CLOSED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 08/18/2026)
#11
Aug 18, 2026
JUDGMENT dated *8/18/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/18/2026 in favor of Respondent against Petitioner. (Deputy Clerk MDK) (Entered: 08/18/2026)
Main Document: Judgment
Aug 18, 2026
SERVICE BY MAIL: 11 Judgment, 10 Minute Order served on Jose Aguilar. (Deputy Clerk MDK)
Aug 18, 2026
Service by Mail
Aug 18, 2026
Minute Order AND ~Util - Terminate Civil Case
Aug 20, 2026
MAIL RETURNED as Undeliverable, released: 5 Minute Order sent to JOse Augilar. (Deputy Clerk DAR)
Sep 02, 2026
MAIL RETURNED as Undeliverable, Released: 10 Minute Order sent to Jose Aguilar. Notice of Change of Address due by 10/13/2026. (Deputy Clerk MCF)

Parties

(HC) Augilar
Party
Warden, Tanya Andrews
Party