Eastern District of California • 1:26-cv-06073

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Brayan Daniel Rosales-Villegas. (Deputy Clerk DAR) (Entered: 08/04/2026)

#2

Aug 03, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Brayan Daniel Rosales-Villegas. (Deputy Clerk DAR) (Entered: 08/04/2026)

#3

Aug 03, 2026

MOTION to APPOINT COUNSEL by Brayan Daniel Rosales-Villegas. (Deputy Clerk DAR) (Entered: 08/04/2026)

#4

Aug 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Brayan Daniel Rosales-Villegas. (Deputy Clerk DAR) (Entered: 08/04/2026)

#5

Aug 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/04/2026)

#6

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, California City ICE Detention Facility (Weger, Shelley) (Entered: 08/04/2026)

#7

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)

Aug 04, 2026

Minute Order

Aug 04, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Brayan Daniel Rosales-Villegas. (Deputy Clerk DAR)

Aug 04, 2026

Service by Mail

Aug 04, 2026

SERVICE BY MAIL: 7 Minute Order served on Brayan Daniel Rosales-Villegas. (Deputy Clerk MDK)

#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 nor seek an extension of time, 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 when he was a child. (ECF No. 1 at 11.) Petitioner has lived in this country for two decades and he is not subject to a final order of removal. (Id. at 26.) Although Petitioner discloses he has some criminal history (without specifying the conviction), he states that he successfully completed his sentence and probation period. (ECF No. 1 at 19.) Petitioner states ICE detained him during his probationary period, but then released him from custody in 2018. (Id. at 12, 19.) About June 5, 2026, Petitioner was again apprehended and detained by immigration authorities while living in the interior of the country. (Id.) Petitioner's detention is thus 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, in over two months of detention. (ECF No. 1 .) 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# 214-076-108), 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. 4 ) and to appoint counsel (ECF No. 3 ) are DENIED as MOOT. The Clerk shall serve a copy of this Order on the California City Detention Center, enter judgment in favor of Petitioner, and close this case. SO ORDERED. CASE CLOSED. (cc: CA City) (Deputy Clerk MDK) (Entered: 08/07/2026)

#9

Aug 07, 2026

Judgment

Aug 07, 2026

Service by Mail

Aug 07, 2026

SERVICE BY MAIL: 9 Judgment, 8 Minute Order served on Brayan Daniel Rosales-Villegas. (Deputy Clerk MDK)

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

#10

Aug 10, 2026

Notice of Compliance