Eastern District of California • 1:26-cv-03993
(HC) Bui v. Warden of the Golden State Annex Detention Facility
Completed
Case Information
Filed: May 26, 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 17, 2026
Last Activity:
August 23, 2026
Parties:
View All Parties →
Docket Entries
#1
May 26, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden of the Golden State Annex Detention Facility by Phuc V. Bui. (Deputy Clerk RMG) (Entered: 05/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 26, 2026
MOTION to APPOINT COUNSEL by Phuc V. Bui. (Deputy Clerk RMG) (Entered: 05/27/2026)
Main Document:
Appoint Counsel
#3
May 26, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Phuc V. Bui. (Deputy Clerk RMG) (Entered: 05/27/2026)
Main Document:
In Forma Pauperis
#4
May 27, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk RMG) (Entered: 05/27/2026)
Main Document:
Immigration New Case Documents
May 27, 2026
SERVICE BY MAIL: 4 Immigration New Case Documents served on Phuc V. Bui. (Deputy Clerk RMG)
May 27, 2026
Service by Mail
#5
May 28, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Warden of the Golden State Annex Detention Facility (Davis, Sean) (Entered: 05/28/2026)
Main Document:
DESIGNATION
#6
May 29, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/29/2026 ORDERING that, within 7 days of the date of service of this order, respondent must file a response to the petition. A response may be either an answer or a motion to dismiss. Within 7 days of the date of service of this order, respondent must file any documents necessary for resolving the issues presented in the petition. If respondent files an answer to the petition, petitioner may file a traverse within 7 days of the date of service of respondent's answer. If no traverse is filed within 7 days, the petition and answer are deemed submitted. If respondent moves to dismiss, petitioner must file an opposition or statement of non-opposition within 7 days of the date of service of respondent's motion. Any reply to an opposition to the motion to dismiss must be filed within 7 days after the opposition is served. The motion to dismiss will be considered submitted 21 days after the service of the motion or when the reply is filed, whichever comes first. 3 Motion to Proceed IFP is GRANTED. (Deputy Clerk HAH) (Entered: 05/29/2026)
Main Document:
06 - HC/Order Requiring Respondent to File a Response AND Order on Motion to Proceed In Forma Pauperis AND ~Util - Set/Clear Flags
May 29, 2026
Service by Mail
May 29, 2026
SERVICE BY MAIL: 6 Order served on Phuc V. Bui. (Deputy Clerk HAH)
#7
Jun 05, 2026
ANSWER (Response) to 1 Petition for Writ of Habeas Corpus by Warden of the Golden State Annex Detention Facility. (Attachments: # 1 Exhibit, # 2 Proof of Service) (Davis, Sean) Modified on 6/9/2026 (KS). (Entered: 06/05/2026)
Main Document:
ANSWER
#8
Jun 09, 2026
ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/9/2026 GRANTING petitioner's 2 motion for appointment of counsel. The Clerk shall serve a copy of this order together with a copy of petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the Federal Defender, Attention: Habeas Appointment. Within 7 days of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to CRD Nic Cannarozzi in accordance with this order. Within 14 days of petitioner's counsel appearing, petitioner shall file either (1) an amended petition or (2) a traverse in support of the 1 petition. (cc: FD-Habeas Appointment) (Deputy Clerk KLY) (Entered: 06/09/2026)
Jun 09, 2026
Service by Mail
Jun 09, 2026
SERVICE BY MAIL: 8 Order served on Phuc V. Bui. (Deputy Clerk KLY)
#9
Jun 12, 2026
MINUTE ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/12/2026: The Court has been notified of Counsel's contact information, pursuant to the 6/9/2026 8 Order. Attorney Heather Quick is hereby APPOINTED pro hac vice as CJA counsel for petitioner. The Clerk of Court shall update the docket to reflect Attorney Heather Quick as counsel for petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk NAC) (Entered: 06/12/2026)
Jun 12, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#10
Jun 26, 2026
TRAVERSE by Phuc V. Bui. (Quick, Heather) (Entered: 06/26/2026)
Main Document:
Traverse
#11
Jul 10, 2026
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 07/10/2026 RECOMMENDING that: The 1 Petition for Writ of Habeas Corpus be granted; Respondent be ordered to immediately release Petitioner, A# 027-997-878, from its custody. Respondent shall not impose any additional restriction on Petitioner, unless that is determined to be necessary at a future pre-deprivation hearing. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a constitutionally compliant pre-deprivation bond hearing before a neutral arbiter at which the government bears the burden of proving flight risk or danger by clear and convincing evidence. This order does not address the circumstances in which Respondent may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal; The Clerk be directed to serve Golden State Annex Detention Facility with a copy of this order; and that the Clerk be ordered to enter judgment accordingly and close this case. Referred to Judge Dena M. Coggins. Objections due within 7 days after being served with these findings and recommendations. (Deputy Clerk KS) (Entered: 07/10/2026)
#12
Jul 17, 2026
OBJECTIONS to 11 Findings and Recommendations by Respondent Warden of the Golden State Annex Detention Facility. (Davis, Sean) (Entered: 07/17/2026)
Main Document:
Objections to Findings and Recommendations
#13
Jul 21, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 7/21/2026: In response to the Magistrate Judge's 11 Findings and Recommendations, Respondents filed 12 Objections maintaining that Petitioner is an applicant for admission. However, it appears undisputed that Petitioner is a Lawful Permanent Resident. (See Doc. Nos. 7, 10.) Pursuant to 8 U.S.C. § 1101(a)(13)(C), "[a]n alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws," unless certain circumstances apply, none of which are addressed by the parties. Accordingly, the parties are ORDERED to file supplemental briefing to address their respective positions as to whether Petitioner, a Lawful Permanent Resident, was properly treated as an applicant for admission at the time of his detention. In addition, although Respondents filed their 12 Objections on 7/17/2026, Respondents did not provide the court with any information as to the results of the hearing scheduled to be held by an Immigration Judge on 7/6/2026. Thus, in their supplemental briefing, the parties shall also address the status of Petitioner's immigration proceedings, including the results of the 7/6/2026 hearing. Respondents shall file their supplemental briefing by 12:00 PM on 7/23/2026. Petitioner shall file his briefing by 12:00 PM on 7/27/2026. (Text Only Entry) (Deputy Clerk CRS) (Entered: 07/21/2026)
Jul 21, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#14
Jul 22, 2026
RESPONSE to ECF No. 13 filed by Warden of the Golden State Annex Detention Facility. (Attachments: # 1 Exhibit Travel activity)(Davis, Sean) (Docket Text Modified on 7/27/2026 by CRS.) (Entered: 07/22/2026)
Main Document:
RESPONSE
#15
Jul 27, 2026
RESPONSE filed by Petitioner Phuc V. Bui to Defendant's 14 Response. (Quick, Heather) (Docket Text Modified on 7/27/2026 by CRS.) (Entered: 07/27/2026)
Main Document:
RESPONSE
#16
Aug 17, 2026
ORDER signed by District Judge Dena M. Coggins on 8/15/2026 DECLINING IN PART and ADOPTING IN PART 11 The Findings and Recommendations. Within seven (7) days of the date of entry of this order, Respondents are ORDERED to provide Petitioner a bond hearing before an immigration judge, at which the government bears the burden of showing by clear and convincing evidence that Petitioner is either a flight risk or danger to the community to justify his continued detention; Within eight (8) days of the date of entry of this order, Respondents must file a notice with the court certifying compliance with this order; The Clerk of the Court is directed to serve Golden State Annex Detention Facility with a copy of this order; and The Clerk of the Court is directed to enter judgment accordingly and close this case. CASE CLOSED. (cc: ICE-Golden State Annex Detention Facility) (Deputy Clerk LMS) (Entered: 08/17/2026)
#17
Aug 17, 2026
JUDGMENT dated *8/17/2026* pursuant to order signed by District Judge Dena M. Coggins on 8/15/2026. (cc: ICE-Golden State Annex Detention Facility) (Deputy Clerk LMS) (Entered: 08/17/2026)
Main Document:
Judgment
#18
Aug 19, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Warden, Golden State Annex Detention Facility, attorney Sean Davis, GOVT terminated (Harman, Joseph) (Entered: 08/19/2026)
Main Document:
DESIGNATION
#19
Aug 23, 2026
NOTICE OF COMPLIANCE with the court's 16 Order Adopting Findings and Recommendations filed by Warden, Golden State Annex Detention Facility. (Attachments: # 1 Exhibit Notice of Hearing, # 2 Exhibit ICE Communication)(Harman, Joseph) (Docket Text Modified on 8/24/2026 by CRS.) (Entered: 08/23/2026)
Main Document:
Notice of Compliance
Parties
(HC) Bui
Party
Warden of the Golden State Annex Detention Facility
Party