Eastern District of California • 1:26-cv-07112

(HC) Morales Reyes v. Warden

Active

Case Information

Filed: September 04, 2026
Assigned to: Dale Alan Drozd
Referred to: Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 28, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 04, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Enrique Morales Reyes. (Deputy Clerk DAR) (Entered: 09/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Enrique Morales Reyes. (Deputy Clerk DAR) (Entered: 09/08/2026)
Main Document: In Forma Pauperis
#3
Sep 04, 2026
MOTION to APPOINT COUNSEL by Enrique Morales Reyes. (Deputy Clerk DAR) (Entered: 09/08/2026)
Main Document: Appoint Counsel
#4
Sep 08, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk DAR) (Entered: 09/08/2026)
Main Document: Immigration New Case Documents
#5
Sep 08, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden (Hemesath, Audrey) (Entered: 09/08/2026)
Main Document: DESIGNATION
Sep 08, 2026
Service by Mail
Sep 08, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Enrique Morales Reyes. (Deputy Clerk DAR)
#6
Sep 15, 2026
ANSWER (Opposition) to 1 Petition for Writ of Habeas Corpus by Respondent Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Hemesath, Audrey) Modified on 9/21/2026 (KS). (Entered: 09/15/2026)
Main Document: ANSWER
#7
Sep 16, 2026
RECUSAL ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/16/2026 RECUSING Magistrate Judge Carolyn K. Delaney and REASSIGNING District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson for all further proceedings. Magistrate Judge Carolyn K. Delaney no longer assigned to case. New Case Number: 1:26-cv-07112-DAD-JDP. (Deputy Clerk AMW) (Entered: 09/16/2026)
Main Document: Order Reassigning Case
Sep 16, 2026
Service by Mail
Sep 16, 2026
SERVICE BY MAIL: 7 Order Reassigning Case served on Enrique Morales Reyes. (Deputy Clerk AMW)
#8
Sep 17, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/17/2026: On 9/15/2026, respondent filed an opposition indicating that it had an administratively final removal order for petitioner and intended to remove him. ECF No. 6 . The detainee locator does not show petitioner in ICE custody. It is hereby ORDERED that within seven days respondent file a status report regarding petitioner's removal and custody status. If petitioner is still in ICE custody, he may file an optional reply within seven days after respondent files its status report. The matter will be thereafter submitted. (Text Only Entry). (Deputy Clerk NAC) (Entered: 09/17/2026)
#9
Sep 17, 2026
CERTIFICATE / PROOF of SERVICE by Warden re 6 Opposition. (Hemesath, Audrey) (Entered: 09/17/2026)
Main Document: Certificate / Proof of Service
#10
Sep 17, 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 JAW) (Entered: 09/18/2026)
Main Document: CONSENT/DECLINE
Sep 17, 2026
SERVICE BY MAIL: 8 Minute Order served on Enrique Morales Reyes. (Deputy Clerk NAC)
Sep 17, 2026
Service by Mail
Sep 17, 2026
Minute Order
#11
Sep 18, 2026
STATUS REPORT by Warden. (Hemesath, Audrey) (Entered: 09/18/2026)
Main Document: STATUS
#12
Sep 21, 2026
CERTIFICATE / PROOF of SERVICE by Warden re 11 Status Report. (Hemesath, Audrey) (Entered: 09/21/2026)
Main Document: Certificate / Proof of Service
#13
Sep 28, 2026
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 9/28/2026 GRANTING petitioner's 2 motion to proceed ifp and DENYING petitioner's 3 motion for the appointment of counsel. IT IS RECOMMENDED the 1 petition for writ of habeas corpus be denied without prejudice, It is the court's intention that petitioner be lawfully removed as soon as practicable, If petitioner is not removed within the 90-day statutory period provided by 8 U.S.C. § 1231(a)(1)(A), nothing in this order should be construed as prohibiting petitioner from filing a new petition challenging his detention and addressing whether removal is reasonably foreseeable, and the Clerk of Court be ordered to enter judgment accordingly and close this case. Referred to Judge Dale A. Drozd. Objections to F&R due within 14 days. (Deputy Clerk KLY) (Entered: 09/28/2026)
Main Document: Findings and Recommendations AND Order AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Sep 28, 2026
SERVICE BY MAIL: 13 Order And Findings and Recommendations served on Enrique Morales Reyes. (Deputy Clerk KLY)
Sep 28, 2026
Service by Mail

Parties

(HC) Morales Reyes
Party
Warden
Party