Eastern District of California • 1:26-cv-06187

#1

Aug 05, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Immigration Processing Center by Oscar Jesus Velazquez Martinez. [$5.00 filing fee received 8/5/2026. Receipt to be docketed on 8/6/2026.] (Deputy Clerk DAR) (Entered: 08/06/2026)

#2

Aug 05, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Oscar Jesus Velazquez Martinez. (Deputy Clerk DAR) (Entered: 08/06/2026)

#3

Aug 06, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/06/2026)

#4

Aug 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/6/2026: 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: 08/06/2026)

#5

Aug 06, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, California City Immigration Processing Center (Weger, Shelley) (Entered: 08/06/2026)

Aug 06, 2026

Minute Order

Aug 06, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Oscar Jesus Velazquez Martinez. (Deputy Clerk DAR)

Aug 06, 2026

Service by Mail

Aug 06, 2026

SERVICE BY MAIL: 4 Minute Order served on Oscar Jesus Velazquez Martinez. (Deputy Clerk MDK)

Aug 06, 2026

RECEIPT number 200020362 for $5.00 for filing fee from Oscar Jesus Velazquez Martinez. (Deputy Clerk VLK)

#6

Aug 10, 2026

REPLY by Warden, California City Immigration Processing Center re 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit 1 (I-286), # 2 Exhibit 2 (I-213), # 3 Exhibit 2 (Notice to Appear))(Weger, Shelley) (Entered: 08/10/2026)

#7

Aug 10, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/10/2026: 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 as a child in the early 2000's. (ECF No. 1 at 13.) He has lived in this country ever since. (Id.) About June 17, 2026, Petitioner was apprehended and detained by immigration authorities while living in the interior of the country. (Id. at 14.) Petitioner was detained without notice or a hearing to determine if detention was warranted. (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). Having been denied this process, Petitioner's detention violates the Immigration and Nationality Act. 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 such hearing, either pre- or post-deprivation. 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 Oscar Jesus V.M. (A# 222-557-441), 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 12, 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 motions for temporary restraining order (ECF No. 2 ) is 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. (cc California City) (Text Only Entry) (Deputy Clerk RAA) Modified on 8/10/2026 (JJD). (Entered: 08/10/2026)

#8

Aug 10, 2026

JUDGMENT dated *8/10/2026* pursuant to minute order signed by Chief District Judge Troy L. Nunley on 8/10/2026 in favor of Petitioner against Respondents. CASE CLOSED. (Deputy Clerk JJD) (Entered: 08/10/2026)

#9

Aug 10, 2026

MOTION for RECONSIDERATION of 7 Minute Order and 8 Judgment by Warden, California City Immigration Processing Center. (Weger, Shelley) Modified on 8/11/2026 (HAH). (Entered: 08/10/2026)

#10

Aug 10, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/10/2026:The Court has reviewed Respondents' Motion for Reconsideration (ECF No. 9 ). The Court agrees that Respondents filed a timely reply. (See ECF No. 6 .) Accordingly, the Court GRANTS Respondents' motion (ECF No. 9 ), VACATES its prior order (ECF No. 7 ), and issues the following Amended Order: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents filed a timely opposition. (ECF No. 6 .) The Court has reviewed the Petition and Respondents' opposition and finds habeas relief warranted. Petitioner is a noncitizen who entered the United States without admission as a child in the early 2000's. (ECF No. 1 at 13.) He has lived in this country ever since. (Id.) About June 17, 2026, Petitioner was apprehended and detained by immigration authorities while living in the interior of the country. (Id. at 14.) Petitioner was detained without notice or a hearing to determine if detention was warranted. (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 such hearing, either pre- or post-deprivation. 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 Oscar Jesus V.M. (A# 222-557-441), 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 12, 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 motions for temporary restraining order (ECF No. 2 ) is 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. (Text Only Entry) (Deputy Clerk RAA) (Entered: 08/10/2026)

Aug 10, 2026

SERVICE BY MAIL: 10 Minute Order served on Oscar Jesus Velazquez Martinez. (Deputy Clerk RAA)

Aug 10, 2026

Minute Order AND Order on Motion for Reconsideration

Aug 10, 2026

SERVICE BY MAIL: 8 Judgment served on Oscar Jesus Velazquez Martinez. (Deputy Clerk JJD)

Aug 10, 2026

Service by Mail

Aug 10, 2026

SERVICE BY MAIL: 7 Minute Order served on Oscar Jesus Velazquez Martinez. (Deputy Clerk RAA)

Aug 10, 2026

Minute Order AND Order on Motion for TRO

#11

Aug 12, 2026

NOTICE OF COMPLIANCE by Warden, California City Immigration Processing Center. (Weger, Shelley) Modified on 8/14/2026 (HAH). (Entered: 08/12/2026)