Eastern District of California • 1:26-cv-06641

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

Completed

Case Information

Filed: August 20, 2026
Assigned to: Troy Lynne Nunley
Referred to: Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 31, 2026
Last Activity: September 09, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 20, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Golden State Annex Detention Facility by Migdael Choc Millan. (Deputy Clerk AKP) (Entered: 08/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Migdael Choc Millan. (Deputy Clerk AKP) (Entered: 08/21/2026)
Main Document: Temporary Restraining Order
#3
Aug 20, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Migdael Choc Millan. (Deputy Clerk AKP) (Entered: 08/21/2026)
Main Document: In Forma Pauperis
#4
Aug 20, 2026
MOTION to APPOINT COUNSEL by Migdael Choc Millan. (Deputy Clerk AKP) (Entered: 08/21/2026)
Main Document: Appoint Counsel
#5
Aug 21, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk AKP) (Entered: 08/21/2026)
Main Document: Immigration New Case Documents
#6
Aug 21, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/21/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting 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: 08/21/2026)
#7
Aug 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, Golden State Annex Detention Facility (Williams, Jonathan) (Entered: 08/21/2026)
Main Document: DESIGNATION
Aug 21, 2026
Minute Order
Aug 21, 2026
Service by Mail
Aug 21, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Migdael Choc Millan. (Deputy Clerk AKP)
Aug 21, 2026
SERVICE BY MAIL: 6 Minute Order served on Migdael Choc Millan. (Deputy Clerk MDK)
#8
Aug 24, 2026
ANSWER (Reply) to 1 Petition for Writ of Habeas Corpus by Warden, Golden State Annex Detention Facility. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Williams, Jonathan) Modified on 8/28/2026 (KS). (Entered: 08/24/2026)
Main Document: ANSWER
#9
Aug 31, 2026
RELEASE ORDER signed by Chief District Judge Troy L. Nunley on 8/28/2026 GRANTING the 1 Petition for Writ of Habeas Corpus, GRANTING Petitioner's 3 application to proceed ifp and DENYING Petitioner's 2 motion for temporary restraining order and 4 motion to appoint counsel as moot. Respondents must IMMEDIATELY RELEASE Petitioner Migdael Choc M. (A# 245-765-406) from custody. At the time of release, Respondents must return all of Petitioner's documents and possessions and provide a copy of this Order. Respondents must file a notice certifying compliance with this provision within 2 court days from the date of this Order. Respondents are ENJOINED from re-arresting or 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 shows by clear and convincing evidence that its interest in protecting the public or ensuring Petitioner appears at future immigration proceedings outweighs Petitioner's constitutionally protected interest in remaining free from detention such that no alternative to detention can mitigate that risk. See Zadvydas, 533 U.S. at 690; Hernandez, 872 F.3d at 990. At any such hearing, Petitioner shall be allowed to have counsel present. The Clerk of Court is directed to serve Golden State Annex with a copy of this Order, enter judgment in favor of Petitioner, and close this case. CASE CLOSED. (cc: Golden State Annex) (Deputy Clerk KLY) Modified on 8/31/2026 (KLY). (Entered: 08/31/2026)
Main Document: Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
#10
Aug 31, 2026
JUDGMENT dated *8/31/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 8/28/2026 in favor of Petitioner. (Deputy Clerk KLY) (Entered: 08/31/2026)
Main Document: Judgment
Aug 31, 2026
Service by Mail
Aug 31, 2026
SERVICE BY MAIL: 9 Release Order, 10 Judgment served on Migdael Choc Millan. (Deputy Clerk KLY)
#11
Sep 01, 2026
NOTICE OF COMPLIANCE with 9 Order by Warden, Golden State Annex Detention Facility. (Williams, Jonathan) Modified on 9/10/2026 (KS). (Entered: 09/01/2026)
Main Document: Notice of Compliance
Sep 09, 2026
MAIL RETURNED as Undeliverable, Return to Sender: 9 Order, 10 Judgment sent to Migdeal Choc Millan. Notice of Change of Address due by 10/19/2026. (Deputy Clerk CRN)

Parties

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