Eastern District of California • 1:26-cv-06235

#1

Aug 06, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex by Gumersindo Damaso Yax. [$5.00 filing fee received on 08/06/2026. Receipt to be docketed on 08/07/2026] (Deputy Clerk AKP) (Entered: 08/07/2026)

#2

Aug 06, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Gumersindo Damaso Yax. (Deputy Clerk AKP) (Entered: 08/07/2026)

#3

Aug 07, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/07/2026)

#4

Aug 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/7/2026: 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: 08/07/2026)

#5

Aug 07, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Golden State Annex (Weger, Shelley) (Entered: 08/07/2026)

#6

Aug 07, 2026

[DISREGARD - ISSUED IN ERROR] 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 approximately twenty years ago. (ECF No. 1 at 1.) Petitioner is not subject to a final order of removal and he states that he has no criminal record. (Id. at 3-4.) Petitioner asserts he was detained without notice, a warrant, or any charging documents. (Id. at 2.) About August 2, 2026, Petitioner was apprehended and detained by immigration authorities while living in the interior of the country, at his apartment complex. (Id.) Petitioner's detention is governed by 8 U.S.C. § 1226(a). Rodriguez Vazquez v. Bostock, 2026 WL 2196424, at *3 (9th Cir. July 30, 2026). Section 1226(a) provides "extensive procedural protections" including several layers of review of the initial custody determination, "an initial bond hearing before a neutral decisionmaker, the opportunity to be represented by counsel and to present evidence, the right to appeal, and the right to seek a new hearing when circumstances materially change," and requires an administrative warrant issued in advance of arrest. Rodriguez Diaz v. Garland, 53 F.4th 1189, 1202 (9th Cir. 2022); Chogllo Chafla v. Scott, 804 F. Supp. 3d 247, 264 (D. Me. 2025). 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 any hearing either pre- or post-deprivation to justify his detention, they did not have a warrant, they did not provide any initial custody determination, nor provide any opportunity to seek relief. (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# 240-465-191), 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 motion for temporary restraining order (ECF No. 2 ) is DENIED as MOOT. The Clerk shall serve a copy of this Order on the Golden State Annex, enter judgment in favor of Petitioner, and close this case. SO ORDERED. CASE CLOSED. (cc: Golden State) (Deputy Clerk MDK) Modified on 8/7/2026 (MDK). (Entered: 08/07/2026)

#7

Aug 07, 2026

[DISREGARD - ISSUED IN ERROR] 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) Modified on 8/7/2026 (MDK). (Entered: 08/07/2026)

#8

Aug 07, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on August 7, 2026: Take NOTICE that ECF Nos. 6 and 7 were issued in error. The Court VACATES the order (ECF No. 6 ) and judgment (ECF No. 7 ) and reinstates the case. Respondents need not release Petitioner (A# 240-465-191) at this time. Respondents have until August 11, 2026 to file a response to the habeas petition. The Clerk shall serve a copy of this Order on the Golden State Annex. SO ORDERED. CASE RE-OPENED. (TEXT ONLY ENTRY) (cc: Golden State) (Deputy Clerk MDK) (Entered: 08/07/2026)

Aug 07, 2026

Minute Order

Aug 07, 2026

SERVICE BY MAIL: 8 Minute Order served on Gumersindo Damaso Yax. (Deputy Clerk MDK)

Aug 07, 2026

SERVICE BY MAIL: 6 Minute Order and 7 Judgment served on Gumersindo Damaso Yax. (Deputy Clerk MDK)

Aug 07, 2026

SERVICE BY MAIL: 4 Minute Order served on Gumersindo Damaso Yax. (Deputy Clerk MDK)

Aug 07, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Gumersindo Damaso Yax. (Deputy Clerk AKP)

Aug 07, 2026

Minute Order AND ~Util - Case Reopened

Aug 07, 2026

Minute Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case

Aug 07, 2026

Service by Mail

#10

Aug 17, 2026

Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case

#11

Aug 17, 2026

Judgment

Aug 17, 2026

Service by Mail

#12

Aug 18, 2026

Notice of Compliance