Eastern District of California • 1:26-cv-06075
(HC) Cruz Velasquez v. Warden, Golden State Annex
Completed
Case Information
Filed: August 03, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 14, 2026
Last Activity:
August 14, 2026
Parties:
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Docket Entries
#1
Aug 03, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex by Daniel Enrique Cruz Velasquez. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 03, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Daniel Enrique Cruz Velasquez. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
In Forma Pauperis
#3
Aug 03, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Daniel Enrique Cruz Velasquez. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Temporary Restraining Order
#4
Aug 03, 2026
MOTION to APPOINT COUNSEL by Daniel Enrique Cruz Velasquez. (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Appoint Counsel
#5
Aug 04, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 08/04/2026)
Main Document:
Immigration New Case Documents for Visiting Judge
#6
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden, Golden State Annex (Rodriguez, Elisa) (Entered: 08/04/2026)
Main Document:
DESIGNATION
Aug 04, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Daniel Enrique Cruz Velasquez. (Deputy Clerk VLK)
Aug 04, 2026
Service by Mail
#7
Aug 05, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and 3 Motion for a Temporary Restraining Order. For good cause shown, Petitioner's 2 Motion to Proceed In Forma Pauperis is GRANTED. The court intends to rule directly on the 1 Petition. It is not clear from the face of the Petition, however, whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: . 1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition. 2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired. 5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) Modified on 8/5/2026 (AB). (Entered: 08/05/2026)
Aug 05, 2026
Service by Mail
Aug 05, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Aug 05, 2026
SERVICE BY MAIL: A copy of Dkt. No. 7 Entering Order, was served on Daniel Enrique Cruz Velasquez on 8/5/2026. (Deputy Clerk AB)
#8
Aug 12, 2026
RESPONSE by Warden, Golden State Annex to 1 Petition for Writ of Habeas Corpus. (Rodriguez, Elisa) (Entered: 08/12/2026)
Main Document:
RESPONSE
#9
Aug 14, 2026
ORDER GRANTING 1 PETITION FOR WRIT OF HABEAS CORPUS IN PART signed by District Judge Micah W. J. Smith on 8/14/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 08/14/2026)
Main Document:
Order AND ~Util - Terminate Civil Case
#10
Aug 14, 2026
JUDGMENT dated *8/14/2026* pursuant to Dkt. No. 9 Order signed by District Judge Micah W. J. Smith on 8/14/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 08/14/2026)
Main Document:
Judgment
Aug 14, 2026
Service by Mail
Aug 14, 2026
SERVICE BY MAIL: A copy of Dkt. No. 9 Order, and Dkt. No,. 10 Judgment, was served on Daniel Enrique Cruz Velasquez. (Deputy Clerk AB)
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