Eastern District of California • 1:26-cv-04038

#1

May 27, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Andrey Duran Leyva. (Deputy Clerk AKP) (Entered: 05/28/2026)

May 27, 2026

RECEIPT number 100008274 for $5.00 for Andrey Duran Leyva. (Deputy Clerk AKP)

#2

May 28, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 05/28/2026)

#3

May 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Warden, California City Detention Facility (Williams, Jonathan) (Entered: 05/28/2026)

May 28, 2026

SERVICE BY MAIL: 2 Immigration New Case Documents served on Andrey Duran Leyva. (Deputy Clerk AKP)

May 28, 2026

Service by Mail

#4

May 29, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/29/2026: The Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ). On review the issues raised in Count 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. Respondents are ORDERED TO SHOW CAUSE on or before June 3, 2026 as to why the Court should not grant a writ of habeas corpus as to Count 2 by filing a return as provided in 28 U.S.C. § 2243. In such a return, Respondents identify any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 05/29/2026)

May 29, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jun 01, 2026

SERVICE BY MAIL: ECF No. 4, Minute Order served on Andrey Duran Leyva. (Deputy Clerk KLY)

Jun 01, 2026

Service by Mail

#5

Jun 02, 2026

RESPONSE to ORDER to SHOW CAUSE by Warden, California City Detention Facility. (Attachments: # 1 Exhibit: DHS Records, # 2 Exhibit: Criminal Records, # 3 Exhibit: Immigration Court Record of Proceedings, # 4 Proof of Service)(Williams, Jonathan) (Entered: 06/02/2026)

#6

Jun 02, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/2/2026: On May 27, 2026, Petitioner filed a Petition for Writ of Habeas Corpus. (ECF No. 1 .) Based on the information in the Petition, the Court determined that it appeared Petitioner was entitled to relief and ordered a return pursuant to 8 U.S.C. § 2243. (ECF No. 4 .) Based on the information in the return, it is no longer clear that Petitioner is entitled to relief as required by 8 U.S.C. § 2243, as he may be subject to mandatory detention under 8 U.S.C. § 1226(c). (See ECF No. 5.) However, the Court believes this case would benefit from the appointment of counsel. Within seven (7) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information gmichel@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. This matter is REFERRED to the assigned Magistrate Judge for full briefing. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. [TEXT ONLY ORDER] (cc: Federal Defender Habeas Appointment) (Deputy Clerk GJM) (Entered: 06/02/2026)

Jun 02, 2026

Service by Mail

Jun 02, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jun 02, 2026

SERVICE BY MAIL: 6 Minute Order served on Andrey Duran Leyva. (Deputy Clerk GJM)

#7

Jun 10, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/10/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 6. Attorney Jan David Karowsky is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Jan David Karowsky, 2701 Del Paso Road., Ste. 130-276, Sacramento, CA 95835, 916-402-8223, karowskylaw@sbcglobal.net as counsel for Petitioner in this matter. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 06/10/2026)

Jun 10, 2026

Minute Order AND ~Util - 1 Terminate Deadlines and Hearings AND ~Util - Add and Terminate Attorneys

#8

Jun 11, 2026

NOTICE of APPEARANCE by Jan David Karowsky on behalf of Andrey Duran Leyva. (Karowsky, Jan) (Entered: 06/11/2026)

#9

Jun 15, 2026

MINUTE ORDER issued by Relief Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/15/2026: Petitioner (A No. 206 002 596) is GRANTED 14 (fourteen) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk JRM) (Entered: 06/15/2026)

Jun 15, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#10

Jun 25, 2026

FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Andrey Duran Leyva. (Attachments: # 1 Points and Authorities, # 2 Exhibits, # 3 Motion for Leave to File Amended Petition, # 4 Proposed Order, # 5 Proposed Order) (Karowsky, Jan) Modified on 6/30/2026 (KS). (Entered: 06/25/2026)

#11

Jun 26, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 6/26/2026: Respondents are GRANTED 14 (fourteen) days to file a response to Petitioner's 10 Amended Petition for a Writ of Habeas Corpus. Respondents shall include with the response all exhibits necessary to the determination of the issues raised in the Petition. Petitioner may file a reply within 14 (fourteen) days of service of the response. Petitioner A No. 206 002 596. (Text Only Entry) (Deputy Clerk LMK) (Entered: 06/26/2026)

Jun 26, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#12

Jul 09, 2026

RESPONSE by Warden, California City Detention Facility to 10 Amended Petition for Writ of Habeas Corpus,. (Williams, Jonathan) (Entered: 07/09/2026)

#13

Jul 23, 2026

REPLY in support of 10 First Amended Petition by Andrey Duran Leyva. (Attachments: # 1 Exhibits)(Karowsky, Jan) Modified on 8/10/2026 (HAH). (Entered: 07/23/2026)

#14

Jul 29, 2026

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/29/2026 RECOMMENDING the Petition for Writ of Habeas Corpus be granted and Respondent be ordered to provide Petitioner with a constitutionally adequate bond hearing before an Immigration Judge. Referred to Judge Daniel J. Calabretta. Objections due within 7 days after being served with these Findings and Recommendations. (Deputy Clerk VLK) (Entered: 07/29/2026)

#15

Aug 05, 2026

OBJECTIONS to 14 Findings and Recommendations by Respondent Warden, California City Detention Facility. (Williams, Jonathan) (Entered: 08/05/2026)

#16

Aug 07, 2026

ORDER signed by District Judge Daniel J. Calabretta on 08/07/26 ADOPTING 14 Findings and Recommendations in full. Within 14 days, Respondents shall provide petitioner with a constitutionally adequate bond hearing before an Immigration Judge. Respondents shall file a notice certifying compliance within 7 days from the date of the bond hearing. CASE CLOSED. (Deputy Clerk VLC) (Entered: 08/07/2026)

#17

Aug 07, 2026

JUDGMENT dated *08/07/26* pursuant to order signed by District Judge Daniel J. Calabretta on 08/07/26 in favor of Petitioner. (Deputy Clerk VLC) (Entered: 08/07/2026)

#18

Aug 28, 2026

NOTICE OF COMPLIANCE by Warden, California City Detention Facility. (Attachments: # 1 Exhibit A-Hearing Notice, # 2 Exhibit B-Bond Order)(Williams, Jonathan) Modified on 9/1/2026 (HAH). (Entered: 08/28/2026)

#19

Sep 01, 2026

MOTION to ENFORCE JUDGMENT and OBJECTION to 18 Notice of Compliance by Andrey Duran Leyva. (Attachments: # 1 Supplemental Exhibits, # 2 Proposed Order)(Karowsky, Jan) Modified on 9/3/2026 (HAH). (Entered: 09/01/2026)

#20

Sep 01, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 9/1/2026: Petitioner's Motion to Enforce is pending before the Court. (ECF No. 19 ) On or before September 8, 2026, Respondents shall file a response to Petitioner's motion and shall lodge a copy of the transcript or audio recording of the bond hearing, if one is available. On or before September 10, 2026, Petitioner's Counsel may file a reply. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 09/01/2026)

Sep 01, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#21

Sep 08, 2026

DIGITAL AUDIO RECORDING of Custody Redetermination Hearing filed by Warden, California City Detention Facility re 20 . Date & Time 08/14/2026 13:00, Duration 00:11:23. File size [5.5 MB]. (Williams, Jonathan) (Entered: 09/08/2026)

#22

Sep 08, 2026

RESPONSE by Warden, California City Detention Facility to 19 Motion to Enforce Judgment. (Williams, Jonathan) (Entered: 09/08/2026)

#23

Sep 09, 2026

SUPPLEMENT by Warden, California City Detention Facility re 22 Response. (Williams, Jonathan) (Entered: 09/09/2026)

#24

Sep 09, 2026

REPLY by Andrey Duran Leyva to RESPONSE to 19 Motion to Enforce Judgment. (Karowsky, Jan) (Entered: 09/09/2026)

#25

Sep 28, 2026

Request

#26

Sep 29, 2026

RELEASE ORDER signed by District Judge Daniel J. Calabretta on 9/29/2026 GRANTING 19 Motion to Enforce Judgment; ORDERING Respondents to immediately release Petitioner ANDREY DURAN LEYVA (A#: 206-002-596) from their custody and to not impose any ad ditional restrictions on Petitioner; permanently ENJOINING and RESTRAINING Respondents from re-arresting or re-detaining Petitioner absent compliance with constitutional protections; DIRECTING the Clerk of Court to serve California City Detention Fac ility with a copy of this Order. This Order resolves Petitioner's 25 Request for Emergency Ruling and does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal. CASE CLOSED. (cc: ICE–California City Detention Facility) (Deputy Clerk GJM)

#27

Sep 29, 2026

Judgment