Eastern District of California • 1:26-cv-06367

#1

Aug 10, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex ICE Detention Facility by Peter Neil Domagas. (Deputy Clerk SZ) (Entered: 08/12/2026)

#2

Aug 10, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Peter Neil Domagas. (Deputy Clerk SZ) (Entered: 08/12/2026)

#3

Aug 10, 2026

MOTION to APPOINT COUNSEL by Peter Neil Domagas. (Deputy Clerk SZ) (Entered: 08/12/2026)

#4

Aug 10, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Peter Neil Domagas. (Deputy Clerk SZ) (Entered: 08/12/2026)

#5

Aug 12, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Peter Neil Domagas signed by District Judge Edward J Davila on 08/12/2026. (Deputy Clerk SZ) (Entered: 08/12/2026)

#6

Aug 12, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/12/2026)

#7

Aug 12, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of the Golden State Annex ICE Detention Facility (Rodriguez, Elisa) (Entered: 08/12/2026)

#8

Aug 12, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/12/2026: Respondents to file a Response to the 4 TRO by 8/19/2026. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Respondents should also state whether they oppose this Court converting the Motion for Temporary Restraining Order to a Motion for Preliminary Injunction, or alternatively, ruling on the underlying habeas petition in its entirety. Petitioner may file a reply by 8/21/2026. Respondents are PROHIBITED from removing Petitioner from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/12/2026)

Aug 12, 2026

SERVICE BY MAIL: 8 Minute Order served on Petitioner. (Thomas, Julia)

Aug 12, 2026

SERVICE BY MAIL: 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis, 6 Immigration New Case Documents served on Peter Neil Domagas. (Deputy Clerk SZ)

Aug 12, 2026

Minute Order

Aug 12, 2026

Service by Mail

#9

Aug 19, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/19/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF 8 . Attorney Toni White is hereby appointed as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Toni White, PO Box 1068, Placerville, CA 95667, (530) 885-6244, toniwhite6311@gmail.com, as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 08/19/2026)

#10

Aug 19, 2026

OPPOSITION by Respondent Warden of the Golden State Annex ICE Detention Facility to 4 MOTION for TEMPORARY RESTRAINING ORDER. (Rodriguez, Elisa) (Entered: 08/19/2026)

Aug 19, 2026

Minute Order AND Order on Motion to Appoint Counsel AND ~Util - Add and Terminate Attorneys

#11

Aug 21, 2026

REQUEST for extension of due date to file reply brief by Peter Neil Domagas. (White, Toni) (Entered: 08/21/2026)

#12

Aug 24, 2026

MINUTE ORDER signed by District Judge Edward J Davila on 8/24/2026: Petitioner's motion for an extension is GRANTED in light of his recent appointment of counsel. Petitioner shall file his reply on or before 9/2/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/24/2026)

Aug 24, 2026

Minute Order AND Order on Request

#13

Sep 02, 2026

REQUEST for continuance of due date to file Reply by Peter Neil Domagas. (White, Toni) (Entered: 09/02/2026)

#14

Sep 03, 2026

MINUTE ORDER re 4 TRO and 13 Request for Extension signed by District Judge Edward J Davila on 9/3/2026: Petitioner's motion for a temporary restraining order is DENIED. Based on the record before the Court, it appears Petitioner was lawfully detained under 8 U.S.C § 1226(c)(1), which states that "[t]he Attorney General shall take into custody any alien who" is deportable or inadmissible for having been convicted of a qualifying offense. Petitioner was convicted of California PC § 288(a) in October 2018, which Respondents claim is a crime involving moral turpitude, rendering Petitioner inadmissible. Dkt. No. 10 at 3-5. To the extent Petitioner intends to argue that his detention is unlawful because he is not inadmissible as charged by DHS, that question is properly brought at a Joseph hearing, rather than this Court. See Buckley v. Chestnut, No. 1:26-cv02624-DAD-JDP, 2026 WL 1030931, at *3 (E.D. Cal. Apr. 16, 2026). Further, though bond hearings have been granted where an individual brings an as applied challenge to prolonged detention under § 1226(c), the Court is doubtful that such a claim is viable here given that Petitioner has only been detained for roughly two months.Additionally, the Court notes that there appears to be inconsistencies in the record requiring further briefing on the underlying Petition. Respondents claim that Petitioner may be detained under 8 U.S.C § 1226(c)(1)(B) because he is deportable by reason of having committed an offense covered in section 1227(a)(2)(A)(ii) and (A). See Dkt. No. 10 at 4. However, the charging document submitted in opposition does not appear to charge Petitioner as deportable under either 8 U.S.C §§ 1227(a)(2)(A)(ii) or (A)(iii). Rather, Petitioner appears to have been charged as inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I), which would render his detention controlled by 8 U.S.C § 1226(c)(1)(A), not (B) as Respondents argue.The Court still finds, however, that Petitioner has not shown a likelihood of success on the merits of his claims as detention appears to be lawful pursuant to § 1226(c)(1)(A) (and potentially (B)). As such, the Court declines to consider the remaining Winter factors. Respondents shall file an answer to the petition, or statement that they will submit on their prior briefing, by 9/17/2026. Their answer should clarify which subsection of § 1226(c) properly controls Petitioner's detention. Petitioner may file his reply on or before 9/24/2026. As such, Petitioner's motion for an extension to file a reply by 9/23/2026 is DENIED as moot. (Text Only Entry) (Thomas, Julia) (Entered: 09/03/2026)

Sep 03, 2026

Minute Order AND Order on Motion for TRO AND Order on Request

#15

Sep 17, 2026

RESPONSE by Warden of the Golden State Annex ICE Detention Facility to 14 Minute Order,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,, Order on Request,,,,,,,,,,. (Rodriguez, Elisa) (Entered: 09/17/2026)

#16

Sep 24, 2026

REQUEST for continuance of due date for Reply brief to September 25, 2026 by Peter Neil Domagas. (White, Toni) (Entered: 09/24/2026)

#17

Sep 25, 2026

REPLY by Peter Neil Domagas re 10 Opposition. (Attachments: # 1 Exhibit A)(White, Toni) (Entered: 09/25/2026)

#18

Oct 09, 2026

EXHIBIT B by Peter Neil Domagas re 17 Reply. (White, Toni) (Entered: 10/09/2026)

#19

Oct 09, 2026

NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Peter Neil Domagas. (White, Toni) (Entered: 10/09/2026)