Eastern District of California • 1:26-cv-07563
(HC) Calmo Ahilen v. Warden
Active
Case Information
Filed: September 17, 2026
Assigned to:
Dena M. Coggins
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 23, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 17, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 17, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Temporary Restraining Order
#3
Sep 17, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
In Forma Pauperis
#4
Sep 17, 2026
MOTION for APPOINTMENT of COUNSEL by Emerson Calmo Ahilen. (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Appoint Counsel
#5
Sep 18, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 09/18/2026)
Main Document:
Immigration New Case Documents
#6
Sep 18, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Todd Blanche,Joseph Douglas Harman, GOVT for ICE/ERO,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for David Venturella,Joseph Douglas Harman, GOVT for Warden (Harman, Joseph) (Entered: 09/18/2026)
Main Document:
DESIGNATION
#7
Sep 18, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/18/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 2 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). This court has previously addressed claims where noncitizens were re-detained after being released from immigration custody (see, e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026)), where noncitizens were detained by immigration authorities for the first time after having lived in the United States for an extended period of time (see, e.g., Alvarez Maciel v. Noem, No. 1:26-cv-01318-DC-CKD, 2026 WL 496948 (E.D. Cal. Feb. 23, 2026); Barajas Ortiz v. Chestnut, No. 1:26-cv-01167-DC-SCR, 2026 WL 508419 (E.D. Cal. Feb. 24, 2026)), and where noncitizens were detained by immigration authorities to facilitate removal pursuant to a removal order (see, e.g., Hoac v. Becerra, No. 2:25-cv-01740-DC-JDP, 2025 WL 1993771 (E.D. Cal. July 16, 2025); Vuong v. Becerra, 1:25-cv-01847-DC-CSK, 2025 WL 3707172 (E.D. Cal. Dec. 22, 2025)). Respondents shall file an Opposition or Statement of Non-Opposition to the 2 Motion for Temporary Restraining Order by 12:00 PM on 9/23/2026. In their response, Respondents shall indicate whether Petitioner was previously released from immigration custody, and whether Petitioner is in active removal proceedings and, if so, what the status of those proceedings are, and shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez and this court's applicable orders cited above. Petitioner may file a Reply by 10/7/2026. Finally, the court is contemplating ruling directly on the 1 Petition. See A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Both parties shall address whether they oppose the court ruling directly on the Petition. The 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 CRS) (Entered: 09/18/2026)
Sep 18, 2026
Service by Mail
Sep 18, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
Sep 18, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Emerson Calmo Ahilen. (Text Only Entry) (Deputy Clerk CRS)
Sep 18, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Emerson Calmo Ahilen. (Deputy Clerk OML)
#8
Sep 23, 2026
Answer to Petition for Writ of Habeas Corpus
Main Document:
Answer to Petition for Writ of Habeas Corpus
Parties
(HC) Calmo Ahilen
Party
Warden
Party