Eastern District of California • 1:26-cv-06541

#1

Aug 17, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City by Jose Lazo-Martinez. (Deputy Clerk AKP) (Entered: 08/18/2026)

#2

Aug 17, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Jose Lazo-Martinez. (Deputy Clerk AKP) (Entered: 08/18/2026)

#3

Aug 18, 2026

IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/18/2026)

#4

Aug 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/18/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the 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: 08/18/2026)

#5

Aug 18, 2026

MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/18/2026 GRANTING 2 Motion for IFP and DIRECTING Respondent to SHOW CAUSE within 7 days why the Writ should not be granted. Absent a further order of the court, the petition will be taken under submission after the filing of the answer. The parties shall inform the court as expeditiously as possible in the event that petitioner obtains an immigration bond and it is paid resulting in release or that a travel document is obtained for petitioner that will result in imminent removal from this country. Either party shall update the court by filing a Notice of Changed Circumstances that informs the court of the circumstances that have changed. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 08/18/2026)

#6

Aug 18, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, California City (Weger, Shelley) (Entered: 08/18/2026)

Aug 18, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Jose Lazo-Martinez. (Deputy Clerk AKP)

Aug 18, 2026

SERVICE BY MAIL: 5 Minute Order served on Jose Lazo-Martinez. (Deputy Clerk SH)

Aug 18, 2026

SERVICE BY MAIL: 4 Minute Order served on Jose Lazo-Martinez. (Deputy Clerk MDK)

Aug 18, 2026

Minute Order

Aug 18, 2026

Service by Mail

#7

Aug 24, 2026

ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, California City. Attorney Paniagua, Carmen Idalia added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Paniagua, Carmen) Modified on 8/28/2026 (KS). (Entered: 08/24/2026)

#8

Aug 26, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 08/25/26 RECOMMENDING that 1 Petition for Writ of Habeas Corpus be granted; that Respondent be ordered to immediately release Petitioner Jose Lazo-Martinez (A# 216-974-137) from custody and to return all of Petitioner's documents and possessions; that Respondent be directed to file a notice certifying compliance within 3 days from the date of any final order requiring release; that if the government seeks to re-detain Petitioner, it must provide no less than 7 days of notice to Petitioner and provide Petitioner with a bond hearing before an immigration judge at which the government must prove that Petitioner is a flight risk or danger to the community such that his re-detention is warranted; that the final order entered in this case not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal; and that Clerk serve a copy of any release order on the California City Immigration Detention Facility; enter judgment in favor of Petitioner; and close this case. Referred to Judge Troy L. Nunley; Objections to these F&Rs due within 3 days. (Deputy Clerk AJB) (Entered: 08/26/2026)

#9

Aug 26, 2026

OBJECTIONS to 8 FINDINGS and RECOMMENDATIONS by Respondent Warden, California City. (Paniagua, Carmen) Modified on 9/1/2026 (KS). (Entered: 08/26/2026)

Aug 26, 2026

Service by Mail

Aug 26, 2026

SERVICE BY MAIL: 8 Findings and Recommendations served on Jose Lazo-Martinez. (Deputy Clerk AJB)

#10

Sep 21, 2026

RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 9/17/2026 ADOPTING IN FULL the 8 findings and recommendations and GRANTING Petitioner's 1 Petition for a Writ of Habeas Corpus. Respondent is ordered to IMMEDIATELY RELEASE Petitioner Jose L.M. (A# 216-974-137) from custody and return all of Petitioner's documents and possessions at the time of release. Respondent shall file a notice of compliance with this provision of the Court's Order within two (2) court days from the date of this Order. Respondent is ENJOINED 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 the government must establish by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitione r's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas v. Davis, 533 U.S. 678, 690 (2001); Hernandez v. Sessions, 872 F.3d 976, 990 (9th Cir. 2017). A t any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court is directed to serve a copy of any release order on the California City Immigration Detention Facility, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: California City) (Deputy Clerk KLY)

#11

Sep 21, 2026

Judgment

Sep 21, 2026

Service by Mail

#12

Sep 23, 2026

Notice of Compliance