Eastern District of California • 2:26-cv-00005

(HC) Ladino Vargas v. Warden

Active

Case Information

Filed: January 05, 2026
Assigned to: Daniel J. Calabretta
Referred to: Edmund F. Brennan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 05, 2026
PETITION for WRIT of HABEAS CORPUS and MOTION for TEMPORARY RESTRAINING ORDER against All Respondents by Omar Ladino Vargas. (Deputy Clerk VLC) (Entered: 01/05/2026)
Main Document: Miscellaneous Relief
#2
Jan 05, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Omar Ladino Vargas. (Deputy Clerk VLC) (Entered: 01/05/2026)
Main Document: In Forma Pauperis
#3
Jan 05, 2026
MOTION to APPOINT COUNSEL by Omar Ladino Vargas. (Deputy Clerk VLC) (Entered: 01/05/2026)
Main Document: Appoint Counsel
#4
Jan 05, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 2/9/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk VLC) (Entered: 01/05/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#5
Jan 05, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 1/5/2026: This matter is REFERRED to the assigned Magistrate Judge for all further pretrial proceedings pursuant to E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 01/05/2026)
Jan 05, 2026
SERVICE BY MAIL: 4 Prisoner New Case Documents served on Omar Ladino Vargas. (Deputy Clerk VLC)
Jan 05, 2026
Service by Mail
Jan 05, 2026
Minute Order
Jan 05, 2026
SERVICE BY MAIL: 5 Minute Order served on Omar Ladino Vargas. (Deputy Clerk GJM)
#6
Jan 09, 2026
ORDER signed by Magistrate Judge Edmund F. Brennan on 1/9/2026 GRANTING petitioner's 2 motion to proceed ifp and 3 motion to appoint counsel. Within 7 days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsels contact information to Nic Cannarozzi, Courtroom Deputy for for Magistrate Judge Edmund Brennan. The Clerk shall serve a copy of this order with a copy of the § 2241 petition on the Federal Defender and the United States Attorney. Respondents' opposition or statement of non-opposition to petitioner's 1 motion for temporary restraining order is due no later than 1/13/2026. Petitioner's reply, if any, must be filed on or before 1/16/2026. Respondents answer/response to the 1 § 2241 petition is due no later than 20 days from the date of this order. Petitioners reply is due 14 days after being served with the answer. Respondent shall request and obtain petitioners complete A-file and provide a copy to petitioners counsel upon receipt. In order to ensure this courts jurisdiction to resolve the pending § 2241 petition, respondents SHALL NOT TRANSFER petitioner to another detention center outside of this judicial district, pending further order of the court. (cc: FD-Habeas Appointment) (Deputy Clerk KLY) (Entered: 01/09/2026)
Main Document: 06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis
Jan 09, 2026
Service by Mail
Jan 09, 2026
SERVICE BY MAIL: 6 Order Directing Respondent to File a Response to the Petition served on Omar Alexander Ladino Vargas. (Deputy Clerk KLY)
#7
Jan 13, 2026
OPPOSITION by Current or Acting Field Office Director, Current or Acting Secretary, Current or Acting United States Attorney General, United States Immigration and Customs Enforcement, Warden of California City Detention Facility to 1 Motion for Miscellaneous Relief. Attorney Sanchez, Kimberly A. added. (Attachments: # 1 Exhibit Attachment A - Declaration of Deportation Officer, # 2 Exhibit Exhibit 1 - Notice to Appear, # 3 Exhibit Exhibit 2 - DHS Submission in Immigration Court, # 4 Exhibit Exhibit 3 - Order of Immigration Judge, # 5 Exhibit Exhibit 4 - Petitioner's Motion for Continuance)(Sanchez, Kimberly) (Entered: 01/13/2026)
Main Document: Opposition to Motion
#8
Jan 16, 2026
MINUTE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/2026: The Court has been notified of counsel's contact information, pursuant to the 6 Order. Attorney Shari Rusk is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect attorney Shari Rusk as counsel for petitioner in this matter. (Text Only Entry) (Deputy Clerk NAC) (Entered: 01/16/2026)
#9
Jan 16, 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 OML) (Entered: 01/20/2026)
Main Document: CONSENT/DECLINE
Jan 16, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#10
Jan 28, 2026
[DISREGARD, attorney to re-file with signatures] STIPULATION and PROPOSED ORDER Resetting of Briefing Schedule by the Parties. (Sanchez, Kimberly) Modified on 1/30/2026 (KLY). (Entered: 01/28/2026)
Main Document: [DISREGARD,
#11
Jan 30, 2026
STIPULATION and PROPOSED ORDER resetting Briefing Schedule by All Respondents. (Sanchez, Kimberly) Modified on 2/4/2026 (HAH). (Entered: 01/30/2026)
Main Document: STIPULATION
#12
Feb 02, 2026
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 02/02/26 RESETTING Petitioners reply to 02/27/26 and Respondent to file any response on or before 03/06/26. (Deputy Clerk VLC) (Entered: 02/02/2026)
Main Document: Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Feb 26, 2026
STIPULATION and PROPOSED ORDER Resetting Briefing Schedule by Omar Alexander Ladino Vargas. (Rusk, Shari) Modified on 2/27/2026 (KLY). (Entered: 02/26/2026)
Main Document: STIPULATION
#14
Feb 27, 2026
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2026 ORDERING Petitioner's reply due 3/15/2026, and Respondent's reply due 3/23/2026. (Deputy Clerk HAH) (Entered: 02/27/2026)
Main Document: Stipulation and Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#15
Mar 15, 2026
REPLY to 7 Opposition by Omar Alexander Ladino Vargas. (Attachments: # 1 Letter from Colombian Attorney, # 2 Exhibits)(Rusk, Shari) Modified on 3/19/2026 (HAH). (Entered: 03/15/2026)
Main Document: REPLY
#16
Mar 31, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden of California City Detention Facility (Hemesath, Audrey) (Entered: 03/31/2026)
Main Document: DESIGNATION
#17
Mar 31, 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. (Anonymous) (Entered: 03/31/2026)
Main Document: CONSENT/DECLINE
#18
Mar 31, 2026
REPLY by Current or Acting Field Office Director, Current or Acting Secretary, Current or Acting United States Attorney General, United States Immigration and Customs Enforcement, Warden of California City Detention Facility re 15 Petition. (Attachments: # 1 Exhibit IJ removal order, # 2 Exhibit BIA appeal of removal order)(Hemesath, Audrey) (Entered: 03/31/2026)
Main Document: REPLY
#19
May 01, 2026
RESPONSE to 18 Contention that Petition should be Required to Exhaust Futile Remedies; REQUEST for IMMEDIATE RELEASE by Omar Alexander Ladino Vargas. (Rusk, Shari) Modified on 5/4/2026 (HAH). (Entered: 05/01/2026)
Main Document: Reply to Response to Motion
#20
Jul 06, 2026
SUPPLEMENT by Omar Alexander Ladino Vargas. (Attachments: # 1 Exhibit ICE info)(Rusk, Shari) (Entered: 07/06/2026)
Main Document: SUPPLEMENT
#21
Aug 04, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/03/26 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be granted in part and Respondents be ordered to provide petitioner with a bond hearing within 10 days . If petitioner is not provided a bond hearing within 10 days, he be released from Respondents' custody. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk VLC)
Main Document: Findings and Recommendations
#22
Aug 04, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 21 by Respondents Current or Acting Field Office Director, Current or Acting Secretary, Current or Acting United States Attorney General, United States Immigration and Customs Enforcement, Warden of California City Detention Facility. (Hemesath, Audrey) (Entered: 08/04/2026)
Main Document: Objections to Findings and Recommendations
#23
Aug 10, 2026
OBJECTIONS to 21 FINDINGS and RECOMMENDATIONS by Omar Alexander Ladino Vargas. (Attachments: # 1 Exhibit)(Rusk, Shari) Modified on 8/11/2026 (HAH). (Entered: 08/10/2026)
Main Document: OBJECTIONS
#24
Aug 14, 2026
SUPPLEMENT to 23 Objections to the Findings and Recommendations by Omar Alexander Ladino Vargas. (Rusk, Shari) Modified on 8/17/2026 (KLY). (Entered: 08/14/2026)
Main Document: SUPPLEMENT
#25
Sep 14, 2026
ORDER signed by District Judge Daniel J. Calabretta on 09/11/26 ADOPTING 21 Findings and Recommendations IN FULL. 1 Petition for Writ of Habeas Corpus is GRANTED IN PART as follows: Respondents shall provide petitioner with a bond hearing within 14 days at which the Government shall bear the burden of showing that he is not a flight risk or a risk to community safety. If petitioner is not provided a bond hearing within 14 days, he be released from Respondents' custody; Petitioner's request for immediate release is DENIED. CASE CLOSED. (Deputy Clerk KML)
Main Document: Findings and Recommendations AND Order AND Order Adopting Findings and Recommendations AND Order on Motion for Miscellaneous Relief AND ~Util - Terminate Civil Case
#26
Sep 14, 2026
Judgment
Main Document: Judgment
Sep 14, 2026
Judgment