Eastern District of California • 1:26-cv-06883
(HC) Saldarriaga-Viteri v. Warden, California City
Completed
Case Information
Filed: August 28, 2026
Assigned to:
Daniel J. Calabretta
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 28, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Romario Saldarriaga-Viteri. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 28, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Romario Saldarriaga-Viteri. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
In Forma Pauperis
#3
Sep 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document:
Immigration New Case Documents
#4
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City (Andrews, Anthony) (Entered: 09/01/2026)
Main Document:
DESIGNATION
#5
Sep 01, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/1/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. Specifically, it appears that Petitioner's prior release from custody created a liberty interest that entitles Petitioner to pre-deprivation notice and opportunity to be heard. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD; see also M.B. v. Noem, 1:26-cv-00005-DJC-AC; Oli v. Andrews, No. 1:26-cv-00477-DJC-AC. Respondents are ORDERED TO SHOW CAUSE on or before September 4, 2026, as to why the Court should not grant a writ of habeas corpus and order Petitioner's release based on the violation of Petitioner's due process rights by filing a return as provided in 28 U.S.C. § 2243. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/01/2026)
Sep 01, 2026
Service by Mail
Sep 01, 2026
SERVICE BY MAIL: 5 Minute Order served on Romario Saldarriaga-Viteri. (Deputy Clerk GJM)
Sep 01, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Romario Saldarriaga-Viteri. (Deputy Clerk DAR)
Sep 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#6
Sep 04, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus and RESPONSE to 5 Minute Order by Warden, California City. (Andrews, Anthony) Modified on 9/8/2026 (HAH). (Entered: 09/04/2026)
Main Document:
ANSWER
#7
Sep 08, 2026
RELEASE ORDER signed by District Judge Daniel J. Calabretta on 9/8/2026 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in this Court's prior orders; ORDERING Respondents to immediately release Petitioner ROMARIO SALDARRIAGA-VITERI (A# 241-990-617) from their custody and to not impose any additional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to close this case, to enter judgment for Petitioner, and to serve California City Detention Facility with a copy of this Order. This Order resolves all pending motions and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. Respondents shall file a status report within five (5) days of Petitioner's release, confirming Petitioner's release. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM) (Entered: 09/08/2026)
#8
Sep 08, 2026
JUDGMENT dated *9/8/2026* pursuant to Order signed by District Judge Daniel J. Calabretta on 9/8/2026. (Deputy Clerk GJM) (Entered: 09/08/2026)
Main Document:
Judgment
Sep 08, 2026
Service by Mail
Sep 08, 2026
SERVICE BY MAIL: 7 Release Order, 8 Judgment served on Romario Saldarriaga-Viteri. (Deputy Clerk GJM)
#9
Sep 11, 2026
STATUS REPORT by Warden, California City. (Andrews, Anthony) (Entered: 09/11/2026)
Main Document:
STATUS
Sep 15, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed, unable to forward: 5 Minute Order sent to Romario Saldarriaga-Viteri. (Deputy Clerk DAR)
Sep 21, 2026
MAIL RETURNED as Undeliverable, Not Deliverable as Addressed-Unable to Forward: 8 Judgment, 7 Order Terminate Civil Case sent to Romario Saldarriaga-Viteri. Notice of Change of Address due by 10/29/2026. (Deputy Clerk RS)
Parties
(HC) Saldarriaga-Viteri
Party
Warden, California City
Party