Eastern District of California • 1:26-cv-06893

#1

Aug 28, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of the California City Detention Facility by Evner Fileus. (Deputy Clerk SZ) (Entered: 08/31/2026)

#2

Aug 31, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Evner Fileus signed by Visiting Judge Micah WJ Smith on 08/31/2026. (Deputy Clerk SZ) (Entered: 08/31/2026)

#3

Aug 31, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 08/31/2026)

#4

Aug 31, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden of the California City Detention Facility (Yu, Jonathan) (Entered: 08/31/2026)

Aug 31, 2026

Service by Mail

Aug 31, 2026

SERVICE BY MAIL: 2 Order Authorizing IFP Status, 3 Immigration New Case Documents served on Evner Fileus. (Deputy Clerk SZ)

#5

Sep 01, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus. ECF No. 1 . It is not clear from the face of the petition whether Petitioner is entitled to relief. Under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following:1. Within seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. See Rule 4, Rules Governing Section 2255 Cases. A response can be made by filing (a) AN ANSWER addressing the merits of the petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a response can be made by filing (b) A MOTION TO DISMISS the petition.2. Within seven days after service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court.3. If Respondent files an answer to the petition, Petitioner MAY FILE atraversewithin seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days.4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's motion. Any reply to an opposition to the motion to dismiss SHALL be filed within seven days after the opposition has been filed in CM/ECF. The motion to dismiss will be deemed submitted when the time to reply has expired.5. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order.Given the court's ongoing consideration of Petitioner's Petition and Motion, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner outofthe Eastern District of California. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (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").IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 09/01/2026)

Sep 01, 2026

Service by Mail

Sep 01, 2026

SERVICE BY MAIL: A copy of Dkt. No. 5 Entering Order, was served on Evner Fileus. (Deputy Clerk AB)

Sep 01, 2026

Minute Order

#6

Sep 08, 2026

ANSWER to PETITION FOR WRIT OF HABEAS CORPUS by Warden of the California City Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Yu, Jonathan) (Entered: 09/08/2026)

#7

Sep 11, 2026

ORDER signed by District Judge Micah W. J. Smith on 9/11/2026 GRANTING 1 Petition for Writ of Habeas Corpus. Respondents must IMMEDIATELY RELEASE Evner Fileus (A# 232-401-848) from custody under the same conditions he was released prior to his current detention. Respondents must file a notice certifying compliance with this provision of the Court's Order within 2 court days from the date of this Order. Respondents are ENJOINED AND RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections. (cc: ICE - California City) CASE CLOSED. (Deputy Clerk AB) (Entered: 09/11/2026)

#8

Sep 11, 2026

JUDGMENT dated *9/11/2026* pursuant to Dkt. No. 7 Order signed by District Judge Micah W. J. Smith on 9/11/2026. CASE CLOSED. (Deputy Clerk AB) (Entered: 09/11/2026)

Sep 11, 2026

Service by Mail

Sep 11, 2026

SERVICE BY MAIL: A copy of Dkt. No. 7 and Dkt. No. 8 Judgment, was served on Evner Fileus. (Deputy Clerk AB)

#9

Sep 14, 2026

NOTICE OF COMPLIANCE re 7 Order,,, Terminate Civil Case,, by Warden of the California City Detention Facility. (Yu, Jonathan) (Entered: 09/14/2026)