Eastern District of California • 1:26-cv-00577
(HC) Vicente v. Warden
Completed
Case Information
Filed: January 23, 2026
Assigned to:
Dena M. Coggins
Referred to:
Jeremy D. Peterson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 13, 2026
Last Activity:
September 25, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden by Rony Jacinto Vicente. (Deputy Clerk AMW) (Entered: 01/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/2/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk AMW) (Entered: 01/27/2026)
Main Document:
Prisoner New Case Documents for DJ Presider
#3
Jan 27, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Cody S. Chapple for Warden (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
DESIGNATION
#4
Jan 27, 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. (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
CONSENT/DECLINE
#5
Jan 27, 2026
CERTIFICATE of SERVICE by Warden re 4 Consent/Decline of Magistrate Judge Jurisdiction, 3 Designation of Counsel. (Chapple, Cody) (Entered: 01/27/2026)
Main Document:
Certificate / Proof of Service
Jan 27, 2026
SERVICE BY MAIL: 2 Prisoner New Case Documents served on Rony Jacinto Vicente. (Deputy Clerk AMW)
Jan 27, 2026
Service by Mail
Jan 28, 2026
RECEIPT number 100007056 $5.00 paid on 01/28/26 by Geo Secure Services fbo Rony Jacinto Vicente. (Deputy Clerk CM)
#6
Jan 29, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/29/26 ORDERING that, within 7 days, the appointing authority for the Eastern District of CA shall identify counsel and send counsel's contact information to Courtroom Deputy for Magistrate Judge Jeremy D. Peterson at ncannarozzi@caed.uscourts.gov. Clerk to serve this order and the petition on the Federal Defender and U.S. Attorney. Within 7 days of petitioner's counsel appearing, the parties shall file a joint status report addressing any motions the parties anticipate filing and a proposed briefing schedule for such motions. (cc: Federal Defender Habeas Appointment, U.S. Attorney). (Deputy Clerk JAW) (Entered: 01/29/2026)
Jan 29, 2026
Service by Mail
Jan 29, 2026
SERVICE BY MAIL: 6 Order served on Rony Jacinto Vicente. (Deputy Clerk JAW)
#7
Feb 03, 2026
NOTICE of CHANGE of ADDRESS to 611 Frontage Road, McFarland CA 93250 by Rony Jacinto Vicente. (Deputy Clerk KEZ) (Entered: 02/04/2026)
Main Document:
Notice of Change of Address
#8
Feb 03, 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 KEZ) (Entered: 02/04/2026)
Main Document:
CONSENT/DECLINE
#9
Feb 03, 2026
EXHIBIT by Rony Jacinto Vicente. (Deputy Clerk KEZ) (Entered: 02/04/2026)
Main Document:
EXHIBIT
#10
Feb 05, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 2/5/2026: The Court has been notified of Counsel's contact information, pursuant to the 1/29-2026 6 Order. Attorney Roger Ponce is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Roger Ponce as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 02/05/2026)
#11
Feb 05, 2026
NOTICE of APPEARANCE by Roger H. Ponce on behalf of Rony Jacinto Vicente. (Ponce, Roger) (Entered: 02/05/2026)
Main Document:
Notice of Appearance
Feb 05, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#12
Mar 05, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/5/2026 DIRECTING the Clerk to serve a copy of this order and 1 Petition on the United States Attorney, and DIRECTING the Respondents to file a response to the petition within 7 days of the date of service of this order. Pending this Court's ruling on the petition, Respondents shall not take any action to transfer petitioner out of this district. (Deputy Clerk VLK) (Entered: 03/05/2026)
#13
Mar 12, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Chapple, Cody) Modified on 3/17/2026 (KS). (Entered: 03/12/2026)
Main Document:
ANSWER
#14
Mar 20, 2026
TRAVERSE in support of 1 Petition by Rony Jacinto Vicente. (Ponce, Roger) Modified on 3/26/2026 (HAH). (Entered: 03/20/2026)
Main Document:
TRAVERSE
#15
Apr 09, 2026
LETTER to Court regarding counsel contact and request for status by Rony Jacinto Vicente (filed pro se) . (Deputy Clerk KEZ) [Response sent with copy of docket.] Modified on 4/14/2026 (KLY). (Entered: 04/13/2026)
Main Document:
LETTER
#16
Apr 30, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 4/30/2026 RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be denied and that this case be closed. Referred to Judge Dena M. Coggins. Objections to these Findings and Recommendations are due within 14 days of service of these Findings and Recommendations. (Deputy Clerk OML) (Entered: 04/30/2026)
#17
May 20, 2026
OBJECTIONS to FINDINGS and RECOMMENDATIONS 16 by Petitioner Rony Jacinto Vicente. (Ponce, Roger) (Entered: 05/20/2026)
Main Document:
Objections to Findings and Recommendations
#18
Aug 13, 2026
ORDER signed by District Judge Dena M. Coggins on 8/12/2026; GRANTING IN PART 16 The Findings and Recommendations. Petitioner Rony Jacinto Vicente's (A# 216-578-787) application for a writ of habeas corpus 1 is GRANTED on procedural due process grounds; Within fourteen (14) days of the date of entry of this order, Respondents are ORDERED to provide Petitioner with a bond hearing before an immigration judge at which the government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified; If Petitioner is granted release on bond, Respondents shall return all of Petitioner's documents and possessions at the time of release; The Clerk of the Court is directed to serve the Golden State Annex Detention Facility with a copy of this order; and The Clerk of the Court is ordered to enter judgment in favor of Petitioner and close this case. CASE CLOSED. (cc: Golden State Annex Detention Facility (Deputy Clerk LMS) (Entered: 08/13/2026)
#19
Aug 13, 2026
JUDGMENT dated *8/13/2026* pursuant to order signed by District Judge Dena M. Coggins on 8/12/2026. (cc: Golden State Annex Detention Facility) (Deputy Clerk LMS) (Entered: 08/13/2026)
Main Document:
Judgment
#20
Sep 05, 2026
MOTION to ENFORCE JUDGMENT and for IMMEDIATE RELEASE by Rony Jacinto Vicente. (Ponce, Roger) Modified on 9/11/2026 (KS). (Entered: 09/05/2026)
Main Document:
Enforce Judgment
#21
Sep 09, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/9/2026: In Petitioner's 20 Motion to Enforce Habeas Judgment, Petitioner alleges that he has not been provided with a bond hearing, despite this court's 18 Order requiring that he be provided such a hearing on or before 8/27/2026. In that Order, the court required that within "fourteen (14) days of the date of entry of this order," Respondents "provide Petitioner with a bond hearing before an immigration judge at which the government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is either a flight risk or risk to community safety such that Petitioner's continued immigration detention is justified." Accordingly, by 12:00 PM on 9/10/2026, Respondents shall file a Status Report confirming that Petitioner has been provided a bond hearing in accordance with the court's 18 Order or has been released from immigration custody. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/09/2026)
Sep 09, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#22
Sep 10, 2026
STATUS REPORT by Warden. (Attachments: # 1 Exhibit 1) (Chapple, Cody) Modified on 9/15/2026 (KS). (Entered: 09/10/2026)
Main Document:
STATUS
#23
Sep 10, 2026
RESPONSE to 22 Status Report and RENEWED REQUEST for IMMEDIATE RELEASE by Rony Jacinto Vicente. (Ponce, Roger) Modified on 9/15/2026 (KS). (Entered: 09/10/2026)
Main Document:
RESPONSE
#24
Sep 11, 2026
SUPPLEMENTAL STATUS REPORT by Warden. (Attachments: # 1 Exhibit 1) (Chapple, Cody) Modified on 9/17/2026 (KS). (Entered: 09/11/2026)
Main Document:
SUPPLEMENTAL
#25
Sep 15, 2026
MINUTE ORDER issued on 9/15/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: On 8/13/2026, this court issued an 18 Order requiring that, within fourteen days of issuance, Respondents provide Petitioner with a bond hearing before an Immigration Judge at which Respondents would bear the burden of justifying Petitioner's continued detention. On 9/5/2026, Petitioner filed a 20 Motion to Enforce Judgment emphasizing that Respondents had not provided Petitioner with a bond hearing and therefore violated that 18 Order. On 9/10/2026, Respondents filed a 22 Status Report in which they confirmed Petitioner had not been provided a bond hearing pursuant to the 18 Order but informed the court that a bond hearing had been scheduled for that day (9/10/2026). The Government further indicated that Petitioner became subject to a final order of removal on 8/25/2026 when the Board of Immigration Appeals dismissed his appeal, and that Petitioner had therefore become subject to mandatory detention under 8 U.S.C. § 1231(a)(2). On that same day, Petitioner filed a 23 Response to the 22 Status Report in which he argues that a same-day bond hearing does not meaningfully comply with the court's 18 Order and reiterates his request for immediate release. Neither party meaningfully discusses the effect the change in Petitioner's detention authority has on Respondents' violation of the court's 18 Order. Accordingly, by 12:00 PM on 9/17/2026, Respondents shall file a Supplemental Brief discussing what effect, if any the change in detention authority has on Respondents' failure to comply with the court's 18 Order. Petitioner may file a Response by no later than 9/18/2026. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/15/2026)
Sep 15, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#26
Sep 17, 2026
RESPONDENT'S RESPONSE to 25 Minute Order filed by Warden. Attorney Weger, Shelley D. added. (Weger, Shelley) (Modified on 9/21/2026 by KS, and on 9/22/2026 by CRS.) (Entered: 09/17/2026)
Main Document:
RESPONDENT'S
#27
Sep 18, 2026
PETITIONER'S RESPONSE to Respondent's 26 Supplemental Brief and RENEWED REQUEST to Enforce Judgment filed by Rony Jacinto Vicente. (Ponce, Roger) (Docket Text Modified on 9/22/2026 by CRS.) (Entered: 09/18/2026)
Main Document:
PETITIONER'S
#28
Sep 22, 2026
MINUTE ORDER issued on 9/22/2026 by the Courtroom Deputy for District Judge Dena M. Coggins: On 8/13/2026, this court issued an 18 Order requiring that, within fourteen days of issuance, Respondents provide Petitioner with a bond hearing before an Immigration Judge. On 9/5/2026, Petitioner filed a 20 Motion to Enforce Judgment informing the court that no such bond hearing had taken place. On 9/10/2026, Respondents filed a 22 Status Report in which they confirmed Petitioner had not been provided a bond hearing but informed the court that a bond hearing was scheduled for that same day (9/10/2026). Respondents further indicated that in the intervening time, the Board of Immigration Appeals dismissed Petitioner's appeal of his removal such that the statutory basis for Petitioner's detention had shifted from 8 U.S.C. § 1226(c) to 8 U.S.C. § 1231(a). On 9/15/2026, the court ordered Respondents to file a Supplemental Brief regarding what effect, if any, the shifting statutory basis for Petitioner's detention had on Respondents' failure to comply with this court's 18 Order. On 9/17/2026, Respondents filed a 26 Response in which they allege that on 9/10/2026, Petitioner filed a Petition for Review with the Ninth Circuit Court of Appeal, who then entered an automatic stay of removal such that Petitioner's remains authorized under 8 U.S.C. § 1226(c). Indeed, the Ninth Circuit has found that "§ 1231(a) does not provide authority to detain an alien whose removal order is administratively final, but whose removal has been stayed by a court of appeals pending its disposition of his petition for review." Prieto-Romero v. Clark, 534 F.3d 1053, 1059 (9th Cir. 2008). Thus, the Board of Immigration Appeals' dismissal of Petitioner's appeal had no effect on the statutory basis for Petitioner's detention and has no effect on Respondents' violation of this court's 18 Order. This court joins the many others within the Ninth Circuit who have found that where the Government fails to abide by a court order requiring a constitutionally compliant bond hearing, the proper remedy is the noncitizen's immediate release. See, e.g., Shevchuk v. Scott, No. 2:26-cv-01872-SAB, 2026 WL 1802094, at *3 (W.D. Wash. June 23, 2026) (collecting cases). Accordingly, Petitioner's 20 Motion to Enforce Judgment is GRANTED as follows: (1) Petitioner Rony Jacinto Vicente (A-216-578-787) shall be RELEASED IMMEDIATELY from Respondents' custody with the same conditions he was subject to immediately prior to his detention on 8/19/2025. Respondents shall not impose any additional restriction on him, such as electronic monitoring, unless that is determined to be necessary at a future pre-deprivation/custody hearing; (2) Respondents shall RETURN all of Petitioner's documents and possessions (e.g., identification, passport, work permit, Social Security card, etc.) upon his release from custody; (3) Within three (3) days from the date of entry of this Order, Respondents shall file a Notice of Compliance with this court confirming that Petitioner has been released in accordance with the above; and (4) If the Government seeks to re-detain Petitioner, it must provide no less than seven (7) days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitioner's eligibility for bond must be considered. This Order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. The Clerk of the Court is DIRECTED to serve a copy of this Order on the Golden State Annex Detention Facility. This case shall remain closed. (Text Only Entry) (cc: ICE-Golden State Annex) (Deputy Clerk CRS) (Entered: 09/22/2026)
Sep 22, 2026
Minute Order AND Order on Motion to Enforce Judgment AND ~Util - 1 Terminate Deadlines and Hearings
#29
Sep 25, 2026
NOTICE OF COMPLIANCE by Warden. (Chapple, Cody) (Entered: 09/25/2026)
Main Document:
Notice of Compliance
Parties
(HC) Vicente
Party
Warden
Party