Active
Case Information
Filed: July 10, 2025
Assigned to:
Diane Joyce Humetewa
Referred to:
James F. Metcalf
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
March 03, 2026
Parties:
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Docket Entries
#1
Jul 10, 2025
PETITION for Writ of Habeas Corpus (Fed/2241) filed by Ngo Van Quan. (13 Pages and Envelope) (Attachments: # 1 Envelope)(KLG) (Entered: 07/11/2025)
#2
Jul 10, 2025
MOTION to Appoint Counsel by Ngo Van Quan. (3 Pages) (KLG) (Entered: 07/11/2025)
#3
Jul 10, 2025
NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (KLG) (Entered: 07/11/2025)
Main Document:
Notice of Assignment
#4
Jul 30, 2025
ORDER: Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis. If Petitioner fails to either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner and deny any pending unrelated motions as moot. Petitioner's Motion for Appointment of Counsel 2 is denied without prejudice. Signed by Judge Diane J Humetewa on 7/29/2025. (REK) (Entered: 07/30/2025)
#5
Aug 11, 2025
Filing fee PAID IN FULL. (BAS) (Entered: 08/12/2025)
Main Document:
Filing Fee Received
#6
Sep 10, 2025
ORDER: Respondents Immigration and Customs Enforcement, Enforcement Removal Operations (ERO) and Department of Homeland Security are dismissed. The Clerk of Court must serve a copy of the Summons, the Petition 1 and this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk of Court must also send by certified mail a copy of the Summons, the Petition, and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to Respondents Estepa and Martinez pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure. Respondents Estepa and Martinez must answer the Petition within 20 days of the date of service. Respondents shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. Petitioner may file a reply within 30 days from the date of service of the answer. This matter is referred to Magistrate Judge James F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge Diane J Humetewa on 9/10/2025. (KLG) (Entered: 09/10/2025)
#7
Sep 10, 2025
Summons Issued as to Unknown Estepa, M Martinez, US Attorney, US Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KLG). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/10/2025)
Main Document:
Summons Issued
#9
Sep 19, 2025
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon M Martinez on 9/15/2025. (KLG) (Entered: 09/19/2025)
Main Document:
Service Executed
#10
Sep 19, 2025
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon Unknown Estepa on 9/15/2025. (KLG) (Entered: 09/19/2025)
Main Document:
Service Executed
#11
Sep 22, 2025
NOTICE OF ATTORNEY APPEARANCE: Theo Nickerson appearing for Unknown Estepa, M Martinez, United States Department of Homeland Security, United States Immigration and Customs Enforcement. . (Nickerson, Theo) (Entered: 09/22/2025)
Main Document:
Notice of Attorney Appearance/Substitution - USA
#12
Sep 25, 2025
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon US Attorney - Civil Processing Clerk on 9/19/2025. (KLG) (Entered: 09/26/2025)
Main Document:
Service Executed
#13
Oct 01, 2025
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon US Attorney General on 9/22/2025. (KLG) (Entered: 10/01/2025)
Main Document:
Service Executed
#14
Oct 09, 2025
RESPONSE to 1 Petition for Writ of Habeas Corpus (Fed/2241) by Unknown Estepa, M Martinez. (Attachments: # 1 Exhibit Exhibit A)(Nickerson, Theo) (Entered: 10/09/2025)
#15
Dec 01, 2025
ORDER: Within ten days of the filing of this Order, Petitioner and Respondents must file separate Notices of Status, advising the Court of: (1) the current status and location of Petitioner's detention; and (2) Petitioner's true first name, middle name, and last name. Respondents have ten days from the filing of this Order to file a supplement to their Response, providing a signed copy of the Declaration submitted in support of their Response 14 . See document for complete details. Signed by Magistrate Judge James F Metcalf on 12/1/2025. (KLG) (Entered: 12/01/2025)
#16
Dec 06, 2025
Additional Attachments to Main Document re: 14 Response to Habeas Petition (Fed/2241) Exhibit A corrected version by Respondents Unknown Estepa, M Martinez, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Unknown Party. (Nickerson, Theo) (Entered: 12/06/2025)
Main Document:
Additional Attachments to Main Document
#17
Dec 06, 2025
STATUS REPORT by Unknown Estepa, M Martinez, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Unknown Party. (Attachments: # 1 Exhibit)(Nickerson, Theo) (Entered: 12/06/2025)
#18
Dec 08, 2025
ORDER: Within ten (10) days of the filing of this Order, Petitioner must file a response to this Order showing cause why this case should not be dismissed as moot. Within ten (10) days of the filing of this Order, Plaintiff must file either (1) a response to this order showing cause as to why this action should not be dismissed for failure to prosecute; or (2) a notice of change of address with the court, reflecting Plaintiff's current address. Signed by Magistrate Judge James F Metcalf on 12/8/2025. (KLG) (Entered: 12/08/2025)
Main Document:
Order to Show Cause
#19
Dec 08, 2025
Mail Returned as Undeliverable. Mail sent to Ngo Van Quan. Reason for return: Return to Sender - Unclaimed/Not in Custody. Document number 15 . (KLG) (Entered: 12/09/2025)
Main Document:
Mail Returned
#20
Dec 16, 2025
Mail Returned as Undeliverable. Mail sent to Ngo Van Quan. Reason for return: Return to Sender - Released 11/14/2025. Document number 18 . (KLG) (Entered: 12/17/2025)
Main Document:
Mail Returned
#21
Jan 08, 2026
REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) and this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute. See document for complete details. Signed by Magistrate Judge James F Metcalf on 1/7/2026. (KLG) (Entered: 01/08/2026)
Main Document:
Report and Recommendation
#22
Jan 20, 2026
Mail Returned as Undeliverable. Mail sent to Ngo Van Quan. Reason for return: Return to Sender - Unclaimed/Not in Custody. Document number 21 . (KLG) (Entered: 01/21/2026)
Main Document:
Mail Returned
#23
Mar 03, 2026
ORDER that the R&R (Doc. 21 ) is adopted as the Order of this Court. Petitioner's Petition shall be dismissed without prejudice for failure to prosecute. Judgment shall be entered accordingly and this case shall be closed. Signed by Judge Diane J Humetewa on 3/3/26. (EJA)
#24
Mar 03, 2026
Clerks Judgment
Main Document:
Clerks Judgment
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