Eastern District of California • 1:26-cv-06028
(HC) Rojas v. Warden, Central Valley Annex Detention Facility
Completed
Case Information
Filed: July 31, 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 07, 2026
Last Activity:
August 13, 2026
Parties:
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Docket Entries
#1
Jul 31, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Yaidel Camejo Rojas. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 31, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Yaidel Camejo Rojas. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
In Forma Pauperis
#3
Jul 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Yaidel Camejo Rojas. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Temporary Restraining Order
#4
Jul 31, 2026
MOTION to APPOINT COUNSEL by Yaidel Camejo Rojas. (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Appoint Counsel
Aug 03, 2026
RECEIPT number 100009016 for $5.00 for Yaidel Rojas from Geo Secure Services LLC. (Deputy Clerk DAR)
#5
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/04/2026)
Main Document:
Immigration New Case Documents
#6
Aug 04, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 4, 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: 08/04/2026)
#7
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex Detention Facility (Yu, Jonathan) (Entered: 08/04/2026)
Main Document:
DESIGNATION
Aug 04, 2026
SERVICE BY MAIL: 6 Minute Order served on Yaidel Camejo Rojas. (Deputy Clerk MDK)
Aug 04, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Yaidel Camejo Rojas. (Deputy Clerk DAR)
Aug 04, 2026
Service by Mail
Aug 04, 2026
Minute Order
#8
Aug 07, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 7, 2026: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents did not timely respond, thus, the Court construes the Petition as unopposed. See L.R. 230(c). The Court has reviewed the Petition and finds relief warranted. Petitioner is a noncitizen who entered the United States without admission about September 2016. (ECF No. 1 at 5.) Petitioner has no criminal history and he is not subject to a final order of removal. (Id.) About May 10, 2026, Petitioner was apprehended and detained by immigration authorities while living in the interior of the country. (Id.) Petitioner's detention is governed by 8 U.S.C. § 1226(a) and he is statutorily entitled to a custody hearing. Rodriguez Vazquez v. Bostock, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Additionally, this Court has repeatedly found that due process requires notice and a hearing for noncitizens like Petitioner. See Julio Fernando R.P. v. Andrews, No. 1:26-CV-05547-TLN-CSK, 2026 WL 2137758, at *2 (E.D. Cal. July 24, 2026). Petitioner claims, and Respondents do not dispute, that Respondents have not provided Petitioner any hearing to determine whether his detention is justified, either pre- or post-deprivation. (ECF No. 1 at 16.) Thus, Respondents have violated Petitioner's due process rights under the Fifth Amendment. Accordingly, the Habeas Petition is GRANTED. Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 209-423-257), return his documents and possessions, and provide him a copy of this Order. Respondents must file a notice of compliance with this Order by August 11, 2026. Further, Respondents are ENJOINED and RESTRAINED from re-detaining Petitioner, while subject to 8 U.S.C. § 1226(a), absent compliance with statutory and constitutional protections, including a minimum of seven-days' notice and a pre-deprivation hearing before a neutral factfinder where Respondents demonstrate by clear and convincing evidence that the government's interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. At any such hearing, Petitioner shall be allowed to have counsel present. Petitioner's application to proceed in forma pauperis (ECF No. 2) is GRANTED. Petitioner's motions for temporary restraining order (ECF No. 3) and to appoint counsel (ECF No. 4) are DENIED as MOOT. The Clerk shall serve a copy of this Order on the Central Valley Annex Detention Center, enter judgment in favor of Petitioner, and close this case. SO ORDERED. CASE CLOSED. (TEXT ONLY ENTRY) (cc: Central Valley) (Deputy Clerk MDK) (Entered: 08/07/2026)
#9
Aug 07, 2026
JUDGMENT dated *8/7/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/7/2026 in favor of Petitioner against Respondent. (Deputy Clerk MDK) (Entered: 08/07/2026)
Main Document:
Judgment
Aug 07, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
Aug 07, 2026
Service by Mail
Aug 07, 2026
SERVICE BY MAIL: 8 Minute Order and 9 Judgment served on Yaidel Camejo Rojas. (Deputy Clerk MDK)
#10
Aug 08, 2026
NOTICE OF COMPLIANCE re (#8) Minute Order by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) Modified on 8/14/2026 (JAW). (Entered: 08/08/2026)
Main Document:
Notice of Compliance
#11
Aug 13, 2026
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. (Deputy Clerk JAW) (Entered: 08/14/2026)
Main Document:
CONSENT/DECLINE
Parties
(HC) Rojas
Party
Warden, Central Valley Annex Detention Facility
Party