Eastern District of California • 1:26-cv-06828

#1

Aug 26, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of California City Detention Facility by Juneiver Gregorio Chacon-Cardenas. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk SZ) (Entered: 08/26/2026)

#2

Aug 26, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Juneiver Gregorio Chacon-Cardenas. (Deputy Clerk SZ) (Entered: 08/26/2026)

#3

Aug 26, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 08/26/2026)

#4

Aug 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 8/26/2026: 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: 08/26/2026)

#5

Aug 26, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Warden of California City Detention Facility (Disparte, Quinn) (Entered: 08/26/2026)

Aug 26, 2026

Minute Order

Aug 26, 2026

Service by Mail

Aug 26, 2026

SERVICE BY MAIL: 3 Immigration New Case Documents served on Juneiver Gregorio Chacon-Cardenas. (Deputy Clerk SZ)

Aug 26, 2026

RECEIPT number 100009377 for $5.00 for Juneiver Gregorio Chacon-Cardenas from Juneiver Gregorio Chacon-Cardenas. (Deputy Clerk SZ)

Aug 26, 2026

SERVICE BY MAIL: 4 Minute Order served on Juneiver Gregorio Chacon-Cardenas. (Deputy Clerk MDK)

#6

Sep 01, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on September 1, 2026: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus. (ECF No. 1 .) Respondents have not filed any response to date, nor sought an extension of time, thus, the Court construes the Petition as unopposed. See L.R. 230(c). The Court has reviewed the Petition and finds relief warranted. Petitioner is a noncitizen who entered the United States without admission on September 1, 2022 and was released into the country by immigration authorities. (ECF No. 1 at 12.) Petitioner is not subject to an order of removal and his detention is governed by 8 U.S.C. 1226(a). (Id. at 98-100.) On February 21, 2026, Petitioner was arrested but, on March 23, 2026, the local prosecutor filed notice they declined to file charges. (Id. at 15-16, 79.) Nevertheless, the next day, immigration authorities took Petitioner into custody without notice or a hearing. (Id. at 95.) The government did not provide Petitioner any custody hearing until a federal court ordered such a hearing. (Id. at 96-100.) On July 8, 2026, Petitioner claims he was taken to a custody hearing for which he was provided no notice and he was not able to prepare or present evidence in his defense as a result. (Id. at 18.) Petitioner asserts the immigration judge acknowledged Petitioner should have been notified as a pro se litigant but proceeded with the bond hearing anyway. (Id.) Respondents have declined to respond to these arguments. A hearing without an opportunity to prepare and present meaningful evidence is constitutionally deficient. It appears Respondent has not provided any further hearing as to Petitioner's detention. Thus, Respondents have not afforded Petitioner an opportunity to be heard at a meaningful time, in a meaningful manner, in over five months of detention and, therefore, have violated Petitioner's due process rights under the Fifth Amendment. Accordingly, the Habeas Petition is GRANTED as to Counts 1 and 4 (the Court declines to address additional claims in favor of judicial economy). Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner (A# 243-109-092), return his documents and possessions, and provide him a copy of this Order. Respondents must file a notice of compliance with this Order by September 4, 2026. Further, Respondents are ENJOINED and RESTRAINED 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 Respondents demonstrate by clear and convincing evidence that the government's 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. At any such hearing, Petitioner shall be allowed to have counsel present. Petitioner's motion for temporary restraining order (ECF No. 2 ) is DENIED as MOOT. The Clerk shall serve a copy of this Order on the California City Detention Facility, enter judgment in favor of Petitioner, and close this case. SO ORDERED. CASE CLOSED. (TEXT ONLY ENTRY) (cc: Ca City) (Deputy Clerk MDK) (Entered: 09/01/2026)

#7

Sep 01, 2026

JUDGMENT dated *9/1/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/1/2026 in favor of Petitioner against Respondent. (Deputy Clerk MDK) (Entered: 09/01/2026)

Sep 01, 2026

Minute Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case

Sep 01, 2026

Service by Mail

Sep 01, 2026

SERVICE BY MAIL: 6 Minute Order and 7 Judgment served on Juneiver Gregorio Chacon-Cardenas. (Deputy Clerk MDK)

#8

Sep 02, 2026

NOTICE OF COMPLIANCE by Warden of California City Detention Facility. (Disparte, Quinn) (Entered: 09/02/2026)