Eastern District of California • 1:26-cv-06944

(HC) Foliaco-Fernandez v. Warden, California City ICE Detention Facility

Active

Case Information

Filed: August 31, 2026
Assigned to: Daniel J. Calabretta
Referred to: Chi Soo Kim
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: October 09, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 31, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City ICE Detention Facility by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 31, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document: In Forma Pauperis
#3
Aug 31, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document: Temporary Restraining Order
#4
Aug 31, 2026
MOTION to APPOINT COUNSEL by Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document: Appoint Counsel
#5
Sep 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/01/2026)
Main Document: Immigration New Case Documents
#6
Sep 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden, California City ICE Detention Facility (Yu, Jonathan) (Entered: 09/01/2026)
Main Document: DESIGNATION
#7
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: 7 Minute Order served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk GJM)
Sep 01, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Sep 01, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Carlos Javier Foliaco-Fernandez. (Deputy Clerk DAR)
#9
Sep 15, 2026
ORDER signed by District Judge Daniel J. Calabretta on 9/14/26 GRANTING 1 Petition for Writ of Habeas Corpus for the reasons stated in prior orders; Within 14 days of this Order, Respondents shall afford Petitioner Carlos Javier Foliaco-Fernande z a bond hearing before a neutral arbiter pursuant to section 1226(a) and its implementing regulations, at which Petitioner's eligibility for bond must be considered; Respondents shall file a status report within 5 days of Petitioner's bond hearing, confirming a bond hearing was conducted; and the Clerk of the Court is DIRECTED to close this case and enter judgment for Petitioner. This Order resolves all pending motions. CASE CLOSED. (Deputy Clerk JAW)
Main Document: Order AND ~Util - Terminate Civil Case
#10
Sep 15, 2026
Judgment
Main Document: Judgment
Sep 15, 2026
Service by Mail
#13
Oct 07, 2026
Appoint Counsel AND Miscellaneous Relief
Main Document: Appoint Counsel AND Miscellaneous Relief
Oct 09, 2026
Minute Order
Oct 09, 2026
Service by Mail

Parties

(HC) Foliaco-Fernandez
Party
Warden, California City ICE Detention Facility
Party