Eastern District of California • 1:26-cv-07724

(HC) Severe v. Andrews

Completed

Case Information

Filed: September 21, 2026
Assigned to: Troy Lynne Nunley
Referred to: Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: September 30, 2026
Last Activity: October 06, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 21, 2026
2241 PETITION for WRIT of HABEAS CORPUS against All Respondents by Clairfeus Severe. (Deputy Clerk SZ) Modified on 9/30/2026 (KS). (Entered: 09/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 21, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Clairfeus Severe. (Deputy Clerk SZ) (Entered: 09/23/2026)
Main Document: In Forma Pauperis
#3
Sep 21, 2026
MOTION to APPOINT COUNSEL by Clairfeus Severe. (Deputy Clerk SZ) (Entered: 09/23/2026)
Main Document: Appoint Counsel
#4
Sep 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Clairfeus Severe. (Deputy Clerk SZ) (Entered: 09/23/2026)
Main Document: Temporary Restraining Order
#5
Sep 23, 2026
IMMIGRATION NEW CASE DOCUMENTS. (Attachments: # 1 Consent Form) (Deputy Clerk SZ) (Entered: 09/23/2026)
Main Document: Immigration New Case Documents
#6
Sep 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Jonathan Yu, GOVT added for All Respondents. (Yu, Jonathan) Modified on 9/30/2026 (KS). (Entered: 09/23/2026)
Main Document: DESIGNATION
#7
Sep 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/23/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/23/2026)
Sep 23, 2026
Minute Order
Sep 23, 2026
SERVICE BY MAIL: 7 Minute Order served on Clairfeus Severe. (Deputy Clerk MDK)
Sep 23, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Clairfeus Severe. (Deputy Clerk SZ)
Sep 23, 2026
Service by Mail
#8
Sep 24, 2026
NOTICE of Mootness by All Respondents. (Attachments: # 1 Exhibit 1) (Yu, Jonathan) Modified on 9/30/2026 (KS). (Entered: 09/24/2026)
Main Document: NOTICE
#9
Sep 25, 2026
ANSWER to 1 Petition for Writ of Habeas Corpus by All Respondents. (Yu, Jonathan) Modified on 10/1/2026 (KS). (Entered: 09/25/2026)
Main Document: Answer to Petition for Writ of Habeas Corpus
#10
Sep 30, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on September 30, 2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus (the "Petition"). (ECF No. 1 .) Respondents filed an Answer and Notice of Mootness. (ECF Nos. 8, 9 .) Petitioner seeks release, claiming Respondents detained him in violation of the Fifth Amendment. Respondents argue the Petition should be dismissed as moot because Petitioner was removed from the country and released from detention. A case is moot when it no longer presents a case or controversy. Spencer v. Kemna, 523 U.S. 1, 7 (1998). "Deportation from the United States after filing a habeas petition does not necessarily moot a petitioner's claim.... For a habeas petition to continue to present a live controversy after the petitioner's release or deportation, however, there must be some remaining 'collateral consequence' that may be redressed by success on the petition." Abdala v. I.N.S., 488 F.3d 1061, 1063-64 (9th Cir. 2007). Where a petitioner seeks only release from detention without raising collateral consequences and is subsequently deported, the petition is likely moot because the court can no longer provide the requested relief. See id. The government's documents show Petitioner was removed on September 17, 2026, six days before this Court received the Petition and issued an order not to transfer Petitioner from this district. Consequently, Petitioner has been released from immigration custody. The Petition does not raise any collateral consequences for the Court to address. Therefore, there is no relief for the Court can provide and the Petition is MOOT. Accordingly, the Court DISMISSES the Petition without prejudice and DENIES Petitioner's remaining motions without prejudice as moot. (ECF Nos. 2, 3, 4 .) The Clerk of Court is directed to enter judgment accordingly and close the case. SO ORDERED. CASE CLOSED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/30/2026)
#11
Sep 30, 2026
JUDGMENT dated *9/30/2026* pursuant to order signed by Chief District Judge Troy L. Nunley on 9/30/2026 in favor of Respondents against Petitioner. (Deputy Clerk MDK) (Entered: 09/30/2026)
Main Document: Judgment
Sep 30, 2026
Service by Mail
Sep 30, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Terminate Civil Case
Sep 30, 2026
SERVICE BY MAIL: 11 Judgment, 10 Minute Order served on Clairfeus Severe. (Deputy Clerk MDK)
Oct 06, 2026
MAIL RETURNED as Undeliverable, No such number, unable to forward, released: 7 Minute Order sent to Clairfeus Severe. (Deputy Clerk DAR)