Eastern District of California • 1:26-cv-06788

(HC) Gao v. Warden of Mesa Verde Detention Facility

Active

Case Information

Filed: August 25, 2026
Assigned to: Troy Lynne Nunley
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: October 06, 2026
Parties: View All Parties →

Docket Entries

Aug 24, 2026
RECEIPT number 100009362 for $5.00 for Filing Fee from Zikai Gao. (Deputy Clerk VLC)
#1
Aug 25, 2026
PETITION for WRIT of HABEAS CORPUS against Warden of Mesa Verde Detention Facility by Zikai Gao. (Deputy Clerk VLC) Modified on 8/26/2026 (VLC). (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 25, 2026
MOTION to APPOINT COUNSEL by Zikai Gao. (Deputy Clerk VLC) (Entered: 08/26/2026)
Main Document: Appoint Counsel
#3
Aug 26, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 08/26/2026)
Main Document: Immigration New Case Documents
#4
Aug 26, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/26/2026: 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: 08/26/2026)
#5
Aug 26, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of Mesa Verde Detention Facility (Yu, Jonathan) (Entered: 08/26/2026)
Main Document: DESIGNATION
Aug 26, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Zikai Gao. (Deputy Clerk VLC)
Aug 26, 2026
Service by Mail
Aug 26, 2026
Minute Order
Aug 26, 2026
SERVICE BY MAIL: 4 Minute Order served on Zikai Gao. (Deputy Clerk MDK)
#6
Aug 28, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/28/26 ORDERING that, within 7 days, Respondents shall file a response to the Petition along with any and all relevant documents. Petitioner's optional reply/traverse to an answer or opposition to a motion to dismiss, if any, is due 14 days after service with the response. (Deputy Clerk AJB)
Main Document: Order
Aug 28, 2026
SERVICE BY MAIL: 6 Order served on Zikai Gao. (Deputy Clerk AJB)
Aug 28, 2026
Service by Mail
#7
Sep 04, 2026
OPPOSITION by Respondent Warden of Mesa Verde Detention Facility. Attorney Hemesath, Audrey Benison added. (Attachments: # 1 Exhibit NTA, # 2 Exhibit I-213, # 3 Exhibit rap sheet)(Hemesath, Audrey) (Entered: 09/04/2026)
Main Document: OPPOSITION
#8
Sep 08, 2026
ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/08/26 RECUSING herself from the above-captioned case. REASSIGNING CASE to Magistrate Judge Allison Claire for all further proceedings. Magistrate Judge Carolyn K. Delaney no longer assigned to case. New Case Number: 1:26-cv-6788 TLN CKD (HC). (Deputy Clerk VLC) (Entered: 09/08/2026)
Main Document: Order Reassigning Case
Sep 08, 2026
SERVICE BY MAIL: 8 Order served on Zikai Gao. (Deputy Clerk VLC)
Sep 08, 2026
Service by Mail
#9
Sep 09, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/09/2026. Upon review of the 1 petition for writ of habeas corpus and the 7 opposition, the court believes this case would benefit from the appointment of counsel. Petitioner's motion to appoint counsel 2 is therefore GRANTED. Within seven (7) 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 to courtroom deputy Jonathan Anderson at janderson@caed.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 them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). Within fourteen (14) days of appointment of counsel, petitioner may file an amended petition or supplemental brief in support of the petition. If nothing is filed in that time, the court will proceed on the current petition. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/09/2026)
Sep 09, 2026
SERVICE BY MAIL: 9 Minute Order served on Zikai Gao. (Deputy Clerk JAA)
Sep 09, 2026
Minute Order AND Order on Motion to Appoint Counsel
Sep 09, 2026
Service by Mail
#10
Sep 10, 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 VLC) (Entered: 09/10/2026)
Main Document: CONSENT/DECLINE
#11
Sep 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/15/2026. The court has been notified of counsel's contact information, pursuant to the 9 Minute Order. Attorney, Melinda K. Yamaga is hereby appointed as CJA counsel for petitioner as permitted in General Order 582, Section X(C) on an ad hoc basis in this matter. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/15/2026)
Sep 15, 2026
Minute Order
#12
Sep 25, 2026
MOTION to CONTINUE Deadline for Filing An Amended Petition or Supplemental Brief by Zikai Gao. (Attachments: # 1 Declaration of Counsel)(Yamaga, Melinda) (Entered: 09/25/2026)
Main Document: Continue
Sep 29, 2026
Minute Order AND Order on Motion to Continue
#15
Oct 06, 2026
Amend the Complaint/Petition
Main Document: Amend the Complaint/Petition

Parties

(HC) Zikai
Party
Warden of Mesa Verde Detention Facility
Party