Eastern District of California • 1:26-cv-06313
(HC) Diaz Tomas v. Warden, Central Valley Annex
Active
Case Information
Filed: August 10, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 10, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex by Armando Diaz Tomas. (Deputy Clerk DAR) (Entered: 08/11/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Armando Diaz Tomas. (Deputy Clerk DAR) (Entered: 08/11/2026)
Main Document:
In Forma Pauperis
#3
Aug 10, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Annex, 254 Taylor Ave, McFarland, CA 93250 by Armando Diaz Tomas. (Deputy Clerk DAR) (Entered: 08/11/2026)
Main Document:
Notice of Change of Address
#4
Aug 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 08/11/2026)
Main Document:
Immigration New Case Documents
#5
Aug 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Central Valley Annex (Yu, Jonathan) (Entered: 08/11/2026)
Main Document:
DESIGNATION
Aug 11, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Armando Diaz Tomas. (Deputy Clerk DAR)
Aug 11, 2026
Service by Mail
#6
Aug 13, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/13/2026: Petitioner, an immigration detainee proceeding in pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. It does not plainly appear that petitioner is not entitled to relief. Therefore, the court orders the government to respond to the petition and sets a briefing schedule. In accordance with the above, IT IS HEREBY ORDERED that: 1. Within seven days of the date of service of this order, respondent must file a response to the petition. 2. A response may be one of the following: A. An answer addressing the merits of the petition. Any argument by respondent that petitioner has procedurally defaulted a claim must be raised in the answer, which must also address the merits of petitioner's claims. B. A motion to dismiss the petition. 3. Within seven days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. 4. If respondent files an answer to the petition, petitioner may file a traverse within seven days of the date of service of respondent's answer. If no traverse is filed within seven days, the petition and answer are deemed submitted. 5. If respondent moves to dismiss, petitioner must 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 must be filed within seven days after the opposition is served. The motion to dismiss will be considered submitted twenty-one days after the service of the motion or when the reply is filed, whichever comes first. See Local Rule 230(l). 6. Petitioner's motion to proceed in forma pauperis, ECF No. 2, is GRANTED. (Text Only Entry). (Deputy Clerk NAC) (Entered: 08/13/2026)
Aug 13, 2026
SERVICE BY MAIL: 6 Minute Order served on Armando Diaz Tomas. (Deputy Clerk NAC)
Aug 13, 2026
Minute Order AND Order on Motion to Proceed In Forma Pauperis
Aug 13, 2026
Service by Mail
#7
Aug 20, 2026
MOTION to DISMISS by Warden, Central Valley Annex. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Yu, Jonathan) (Entered: 08/20/2026)
Main Document:
Dismiss
#8
Aug 24, 2026
NOTICE of CHANGE of ADDRESS to Central Valley Anex 254 Taylor Ave Mcfarland CA 93250 by Armando Diaz Tomas. (Deputy Clerk VLC) (Entered: 08/25/2026)
Main Document:
Notice of Change of Address
#9
Aug 24, 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 AJB) (Entered: 08/25/2026)
Main Document:
CONSENT/DECLINE
#10
Sep 01, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/1/2026: Petitioner, an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1 . In light of the complexity of the legal issues involved, the court has determined that the interests of justice require the appointment of counsel, and, accordingly, I appoint counsel. See 18 U.S.C. §3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. In accordance with the above, IT IS HEREBY ORDERED that: 1. The court hereby appoints counsel for petitioner. 2. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. §2241 on the Federal Defender, Attention: Habeas Appointment. 3. Within seven days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven days of this order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. 4. Within fourteen days of petitioner's counsel appearing, petitioner shall file either (1) an amended petition or (2) a traverse in support of the petition at ECF No. 1. 5. If petitioner's counsel files an amended petition, respondent shall file an answer within seven days, and petitioner may file an optional traverse within seven days. (Text Only Entry). (cc: Habeas Appointment) (Deputy Clerk NAC) (Entered: 09/01/2026)
Sep 01, 2026
Minute Order
Sep 01, 2026
SERVICE BY MAIL: 10 Minute Order served on Armando Diaz Tomas. (Deputy Clerk NAC)
Sep 01, 2026
Service by Mail
#11
Sep 03, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/3/2026: The Court has been notified of Counsel's contact information, pursuant to the 9/1/2026 10 Order. Attorney Galina Dorris is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Galina Dorris as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 09/03/2026)
Sep 03, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#12
Sep 08, 2026
NOTICE of APPEARANCE by Galina Dorris on behalf of Armando Diaz Tomas. (Dorris, Galina) (Entered: 09/08/2026)
Main Document:
Notice of Appearance
#13
Sep 16, 2026
TRAVERSE/REPLY by Armando Diaz Tomas. (Attachments: # 1 Declaration, # 2 Proof of Service) (Dorris, Galina) Modified on 9/21/2026 (KS). (Entered: 09/16/2026)
Main Document:
TRAVERSE/REPLY
#14
Sep 21, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/21/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted, that the 7 Motion to Dismiss be denied, and that Respondent be ordered to immediately release petitioner Armando Diaz Tomas 088-072-047 from its custody subject to the previously imposed conditions of release, if any. It is FURTHER RECOMMENDED that Respondent be enjoined and restrained from re-detaining petitioner unless it obtains travel document for his removal, if necessary, and follows all procedures and any other applicable statutory and regulatory procedures, that the Court be directed to serve Central Valley Annex Detention Facility with a copy of this order, and that the Clerk of the Court be ordered to enter judgment accordingly and close this case. Referred to Judge Dena M. Coggins. Objections to these Findings and Recommendations are due within 3 days of service of these Findings and Recommendations. (Deputy Clerk OML) (Entered: 09/21/2026)
#15
Sep 24, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 14 by Respondent Warden, Central Valley Annex. (Yu, Jonathan) (Entered: 09/24/2026)
Main Document:
Objections to Findings and Recommendations
Parties
(HC) Diaz Tomas
Party
Warden, Central Valley Annex
Party