Eastern District of California • 1:26-cv-06589
(HC) Balabu-Balabu v. Warden, Central Valley Annex Detention Facility
Completed
Case Information
Filed: August 18, 2026
Assigned to:
Dale Alan Drozd
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 08, 2026
Last Activity:
September 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 18, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Miguel David Balabu-Balabu. (Deputy Clerk AKP) (Entered: 08/19/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
MOTION for an Emergency Order Prohibiting Transfer by Miguel David Balabu-Balabu. (Deputy Clerk AKP) (Entered: 08/19/2026)
Main Document:
Miscellaneous Relief
Aug 18, 2026
RECEIPT number 100009276 for $5.00 for Miguel David Balabu-Balabu. (Deputy Clerk AKP)
#3
Aug 19, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/19/2026)
Main Document:
Immigration New Case Documents
#4
Aug 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Central Valley Annex Detention Facility (Weger, Shelley) (Entered: 08/19/2026)
Main Document:
DESIGNATION
Aug 19, 2026
Service by Mail
Aug 19, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Miguel David Balabu-Balabu. (Deputy Clerk AKP)
#5
Aug 20, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Sean C. Riordan on 8/20/2026 DIRECTING Respondent to show cause why the writ should not be granted by filing an answer within 7 days. Petitioner may file a reply within 3 days after being served a copy of it. Absent a further order of the court, the petition will be taken under submission after the filing of the reply. 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 his/her release or that a travel document is obtained for petitioner that will result in his/her 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. To ensure this Court's jurisdiction to resolve the pending § 2241 petition, Respondent shall not transfer Petitioner to another detention center outside of this judicial district. Based on this order, Petitioner's motion for an emergency order prohibiting his transfer outside of this judicial district (ECF No. 2 ) is granted pending further order of the court. Parties must review this MINUTE ORDER Document which is a scheduling order. [See attached for details.] (Deputy Clerk SH) (Entered: 08/20/2026)
Main Document:
Minute Order AND Order on Motion for Miscellaneous Relief AND ~Util - 1 Set/Reset Deadlines and Hearings
Aug 20, 2026
SERVICE BY MAIL: 5 Minute Order served on Miguel David Balabu-Balabu. (Deputy Clerk SH)
Aug 20, 2026
Service by Mail
#6
Aug 27, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, Central Valley Annex Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Weger, Shelley) Modified on 9/2/2026 (KS). (Entered: 08/27/2026)
Main Document:
REPLY
#7
Aug 28, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 08/28/2026 RECOMMENDING that: Petitioner's 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner Miguel David Balbu-Balabu, A# 245-270-967, from their custody under the same conditions he was subject to prior to his redetention on 6/8/2026; At the time of release, Respondent be required to return all of Petitioner's documents and possessions; Respondent be directed to file a notice certifying compliance with the previsions within 3 days from the date of any final order requiring release; 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 by clear and convincing evidence that Petitioner is a flight risk or danger to the community such that his re-detention is warranted; 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 of removal; that the Clerk be directed to serve a copy of any release order on the Central Valley Annex Detention Facility; and that the Clerk enter judgment in favor of Petitioner and close this case. Referred to Judge Dale A. Drozd. Objections due within 3 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 08/28/2026)
#9
Aug 28, 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 KML) (Entered: 09/02/2026)
Main Document:
CONSENT/DECLINE
Aug 28, 2026
Service by Mail
Aug 28, 2026
SERVICE BY MAIL: 7 Findings and Recommendations served on Miguel David Balabu-Balabu. (Deputy Clerk KS)
#8
Aug 31, 2026
OBJECTIONS to 7 FINDINGS and RECOMMENDATIONS by Respondent Warden, Central Valley Annex Detention Facility. (Weger, Shelley) Modified on 9/8/2026 (KS). (Entered: 08/31/2026)
Main Document:
Objections to Findings and Recommendations
#10
Sep 08, 2026
ORDER signed by District Judge Dale A. Drozd on 09/08/2026 ADOPTING the 7 Findings and Recommendations and GRANTING Petitioner's 1 Petition for Writ of Habeas Corpus. Respondent is ORDERED to IMMEDIATELY RELEASE Petitioner Miguel David Balabu-Balabu, A# 245-270-967, from Respondent's custody under the same conditions, if any, he was subject to prior to his re-detention on or about 6/8/2026. Respondent is ENJOINED and RESTRAINED from re-detaining Petitioner unless they provide Petitioner with notice and a pre-detention hearing before an immigration judge, at which hearing the government will have the burden of establishing that Petitioner is a danger or flight risk by clear and convincing evidence. CASE CLOSED. (cc: Central Valley Annex) (Deputy Clerk KS) (Entered: 09/08/2026)
#11
Sep 08, 2026
JUDGMENT dated *09/08/2026* pursuant to order signed by District Judge Dale A. Drozd on 09/08/2026 in favor of Petitioner. (Deputy Clerk KS) (Entered: 09/08/2026)
Main Document:
Judgment
Sep 08, 2026
SERVICE BY MAIL: 10 Order Adopting Findings and Recommendations and 11 Judgment served on Miguel David Balabu-Balabu. (Deputy Clerk KS)
Sep 08, 2026
Service by Mail
Sep 21, 2026
MAIL RETURNED as Undeliverable, Released, Attempted-Not Known: 11 Judgment, 10 Order Adopting Findings and Recommendations, Terminate Civil Case, Findings and Recommendations (Order), sent to Miguel David Balabu-Balabu. Notice of Change of Address due by 10/29/2026. (Deputy Clerk RS)
Parties
(HC) Balabu-Balabu
Party
Warden, Central Valley Annex Detention Facility
Party