Eastern District of California • 1:26-cv-06355

(HC) Le v. Warden, Golden State Annex Detention Facility

Active

Case Information

Filed: August 10, 2026
Assigned to: Dena M. Coggins
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 10, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Jon Le. (Deputy Clerk AKP) (Entered: 08/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 10, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jon Le. (Deputy Clerk AKP) (Entered: 08/11/2026)
Main Document: Temporary Restraining Order
#3
Aug 10, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jon Le. (Deputy Clerk AKP) (Entered: 08/11/2026)
Main Document: In Forma Pauperis
#4
Aug 10, 2026
MOTION to APPOINT COUNSEL by Jon Le. (Deputy Clerk AKP) (Entered: 08/11/2026)
Main Document: Appoint Counsel
#5
Aug 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/11/2026)
Main Document: Immigration New Case Documents
#6
Aug 11, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, Golden State Annex Detention Facility (Yu, Jonathan) (Entered: 08/11/2026)
Main Document: DESIGNATION
#7
Aug 11, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/11/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. The court has previously addressed the legal issues raised by the Petition. See, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025), Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025), El-Ghazaly v. Chestnut, 1:25-cv-01621-DC-CKD, 2025 WL 3485030 (E.D. Cal. Dec. 4, 2025), and A.A.M. v. Andrews, No. 1:25-CV-01514-DC-DMC (HC), 2026 WL 1266280, at *2 (E.D. Cal. May 8, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 8/13/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 8/27/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 08/11/2026)
Aug 11, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jon Le. (Deputy Clerk AKP)
Aug 11, 2026
Service by Mail
Aug 11, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Aug 11, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Jon Le. (Text Only Entry) (Deputy Clerk CRS)
#8
Aug 13, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus and OPPOSITION to Injunctive Relief by Respondent Warden, Golden State Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Yu, Jonathan) Modified on 8/18/2026 (KS). (Entered: 08/13/2026)
Main Document: ANSWER
#9
Aug 13, 2026
EXHIBIT 3: OSUP Revocation Documents by Warden, Golden State Annex Detention Facility re 8 Answer (Opposition). (Attachments: # 1 Exhibit 3) (Yu, Jonathan) Modified on 8/18/2026 (KS). (Entered: 08/13/2026)
Main Document: EXHIBIT
#10
Aug 18, 2026
CLERK'S NOTICE of DOCKET CORRECTION: Petitioner's name corrected from "Jon Le" to "Son Le". (Confirmed with locator) (Deputy Clerk KS) (Entered: 08/18/2026)
#11
Aug 18, 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 DAR) (Entered: 08/19/2026)
Main Document: CONSENT/DECLINE
#12
Aug 18, 2026
NOTICE re name correction from Jon Le to Son Le by Son Le. (Deputy Clerk LMS) (Entered: 08/19/2026)
Main Document: Notice (Other)
Aug 18, 2026
Service by Mail
Aug 18, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents, 7 Minute Order, and 10 Clerk's Notice of Docket Correction served on Son Le with corrected name. (Deputy Clerk KS)
#13
Aug 24, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 8/24/2026: In Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for a Temporary Restraining Order, Petitioner contends that he was re-detained by immigration authorities on 6/27/2026, despite there being no change in Petitioner's individual circumstances since his last release that would render him a danger to the community or flight risk. In Respondents' 8 Opposition, Respondents contend that they followed all requirements of 8 C.F.R. § 241.13(i) when revoking Petitioner's release on an Order of Supervision, and that "the government is working on obtaining a travel document to [Petitioner's native] Vietnam." Respondents therefore argue that there is a significant likelihood of removal such that release under Zadvydas v. Davis, 533 U.S. 678, 680 (2001) is improper. However, this court, and many others within this district, have found that an assertion that the Government is working toward obtaining travel documents does not constitute "changed circumstances" indicating Petitioner's removal will occur in the "reasonably foreseeable future" as required by 8 C.F.R. § 241.13(i). See Bonilla v. Noem, 832 F. Supp. 3d 1071, 1077 (E.D. Cal. 2026); Duong v. Charles, No. 1:25-cv-01375-SKO, 2025 WL 3187313, at *3 (E.D. Cal. Nov. 14, 2025) (finding no evidence of a changed circumstance where, as here, the government did not submit request for travel documents until after Petitioner was re-detained). Accordingly, the court finds that Petitioner has demonstrated a likelihood of success on the merits of his claim that his re-detention violates his Fifth Amendment right to Procedural Due Process and his 2 Motion for a Temporary Restraining Order is GRANTED as follows: (1) Petitioner Son Lee (A-023-822-460) shall be RELEASED IMMEDIATELY from the Respondents' custody under the same conditions he was previously released under his Order of Supervision; and (2) Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, which include, at a minimum, strict compliance with the requirements of 8 C.F.R. § 241.13(i). Upon further review, the court will not rule directly on the Petition at this time. Therefore, this case is REFERRED to the assigned Magistrate Judge for further proceedings. The Clerk of the Court is DIRECTED to serve a copy of this Order on the Golden State Annex Detention Facility. (Text Only Entry) (cc: ICE-Golden State Annex) (Deputy Clerk CRS) (Entered: 08/24/2026)
Aug 24, 2026
Service by Mail
Aug 24, 2026
Minute Order AND Order on Motion for TRO AND ~Util - 1 Terminate Deadlines and Hearings
Aug 24, 2026
SERVICE BY MAIL: 13 Minute Order, filed at Doc. No. 13, served on Son Le. (Text Only Entry) (Deputy Clerk CRS)

Parties

(HC) Le
Party
Warden, Golden State Annex Detention Facility
Party